Hyperlawhypertext legal databasebeta Spatz Furniture Corp. v. Lee Letter Service, Inc. 54 Misc. 2d 359

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Spatz Furniture Corp. v. Lee Letter Service, Inc.

54 Misc. 2d 359 Court Supreme Court, Appellate Term, First Department, Decision date 1967-06-22 English

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p. 359
Spatz Furniture Corp., Respondent, v. Lee Letter Service, Inc., Appellant.
Supreme Court, Appellate Term, First Department,
June 22, 1967.
Edward Perlstein and Paul Klein for appellant. Max Glass-man for respondent.

The withholding of 10% of an employee’s income by an employer for the benefit of a judgment creditor is mandated by CPLB 5231 (.subd. [e1]). An employer may not turn over to the Marshal less than 10% of the income due to the judgment debtor, to the detriment of a second income execution, which was duly served and filed with him.

However, a judgment debtor may move to reduce the percentage (CPLB 5231, subd. [g]) o.r the employer may protect itself by moving for an order of modification (CPLB 5240).

The judgment should be affirmed, with $25 costs.

Concur — Hofstadtbr, J. P., Gold and Markowitz, JJ.

Judgment affirmed, etc.