AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

SPATZ FURNITURE CORP., Respondent, v. LEE LETTER SERVICE, INC., Appellant

Per Curiam.

The withholding of 10% of an employee's income by an employer for the benefit of a judgment creditor is mandated by CPLR 5231 (subd. [e]). 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 (CPLR 5231, subd. [g]) or the employer may protect itself by moving for an order of modification (CPLR 5240).

The judgment should be affirmed, with $25 costs.

Concur — HOFSTADTER, J.P., GOLD and MARKOWITZ, JJ.

Judgment affirmed, etc.

Use AI to get other relevant cases.

Comments

SPATZ FURNITURE v. LEE LETTER SERV
(Jun 22, 1967)