Franklin National Bank v. Lynch

Petitioner, a judgment creditor of respondent Lynch, seeks an order pursuant to section 47-e of the Personal Property Law, vacating an assignment of wages made by Lynch in favor of respondent Roeper, on the ground that the same was never publicly filed as is required by sections 47 and 47-a of the Personal Property Law.

It appears that subsequent to the date of the execution of the subject assignment, petitioner had caused a wage garnishee order to be served on Lynch’s present employer, Suffolk Dairy, which has refused to honor the garnishee on the theory that the wage assignment is entitled…