Spatz Furniture Corp. v. Lee Letter Service, Inc.

Special proceeding instituted by-plaintiff (judgment creditor) under CPLR 5231 to recover the sum of $530.51 predicated upon defendant’s (judgment debtor’s corporate employer’s) failure to honor an income execution.

Defendant’s answer consists of a general denial and includes a counterclaim for $500 ‘1 because of abusive (sic) process engaged herewith by the plaintiff ’ ’.

After trial and upon the evidence, the court finds the following facts:

A judgment for $491.15 was obtained by the plaintiff against the judgment debtor on April 8,1964. On April 11,1964, a copy of the subject income execution…