Legal Opinion

Dickens v. Director of Finance

New York Supreme Court

Decided March 31, 1965PublishedCited by 4 opinions

1Opinion of the CourtIrving H. Saypol, J.

Application for a final judgment directing respondent employer to pay over to the Sheriff the entire salary of the judgment debtor in her possession is denied for insufficiency and without prejudice. It appears that the judgment creditor has proceeded both by way of garnishment and income execution, though the latter remedy is said not to affect the same sum of money affected by the garnishee restraint. Be that as it may, the debtor is mistaken in his reliance in McDonnell v. McDonnell (281 N. Y. 480), for the proposition that these are mutually exclusive remedies, in view of the legislative…

2Cases cited1 opinion

  1. McDonnell v. McDonnellNew York Court of Appeals · 1939

3Cited by4 opinions

  1. Balanoff v. NiosiAppellate Division of the Supreme Court of the State of New York · 2005
  2. Cable Co. v. NewhouseCourt of Appeals for the Second Circuit · 2001
  3. Camphill Special Schools, Inc. v. PrenticeNew York Supreme Court · 1984
  4. Lowy v. BobkerDistrict Court, S.D. New York · 2005

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