Baum v. Baum

OPINION OF THE COURT

Jane S. Solomon, J.

Defendant brings a renewed motion* to dismiss the complaint for failure to state a cause of action. Plaintiff opposes the motion. For the reasons discussed below, defendant’s motion is granted.

Plaintiff commenced this action to recover the sum of $5,900 which he claims was wrongfully attached and collected by defendant pursuant to an "Income Execution Support Enforce*455ment by An Attorney Pursuant to CPLR 5241 Part A” (Income Execution). Defendant asserts that this amount was properly included in the Income Execution and, in any event, that plaintiff has…