Power v. Loonam

Motion to vacate the restraining notice heretofore served on the judgment debtor’s employer is granted.

A subpoena to examine the employer was served on or after February 17, 1965. The subpoena contained a restraining notice in the language of CPLR 5222 (subd. [b]).' The employer has informed the judgment debtor that 10% of his earnings were being withheld on account of the restraining notice.

CPLR 5205 excludes from the satisfaction of a money judgment 90% of the earnings of a judgment debtor for personal services “ except such part as a court determines to be unnecessary for the reasonable…