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COUNTY TRUST CO. v. BERG

65 Misc.2d 533 (1971)

County Trust Company, Judgment Creditor, v. Herman Berg et al., Judgment Debtors.

Supreme Court, Special Term, Kings County.

February 8, 1971

Attorney(s) appearing for the Case

Bloom & Mintz for judgment debtors. Herbst & Rashbaum for judgment creditor. Donald A. Peskin for Commercial Lawyers Conference, amicus curiae.

MURRAY T. FEIDEN, J.

This is an application by the judgment debtors, pursuant to CPLR 5231 (subd. [b]), to vacate an income execution.

It is contended by the moving party that an income execution can issue only where the judgment debtor is receiving a net take-home pay of over $85 a week. The judgment creditor contends that the controlling amount is the gross salary rather than the net take-home pay...

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