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VISTA SALES CORP. v. BRIGGSFORD CORP.

65 Misc.2d 690 (1971)

Vista Sales Corp., Respondent, v. Briggsford Corporation, Appellant.

Supreme Court, Appellate Term, First Department.

January 6, 1971

Attorney(s) appearing for the Case

Abraham J. Yasgour for appellant. Rhoades & Rhoades (Daniel Rhoades of counsel), for respondent.

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

Per Curiam.

The parties entered into a stipulation with respect to the amount of the debtor employee's total weekly salary, and were bound thereby. In granting judgment against the employer under an income execution, pursuant to CPLR 5231 (subd. [e]), the trial court erred in calculating the employee's salary in an amount greater than that fixed in the stipulation.

While we do not agree with the trial court...

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