SPATZ FURNITURE v. LEE LETTER SERV.


54 Misc.2d 359 (1967)

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

Supreme Court, Appellate Term, First Department.

June 22, 1967


Attorney(s) appearing for the Case

Edward Perlstein and Paul Klein for appellant. Max Glassman for respondent.

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


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...

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