Yarmush v. Cohen

Memorandum Per Curiam.

Section 792 of the Civil Practice Act, as amended by chapter 694 of the Laws of 1941, should not be construed literally standing by itself. It should be considered in connection with sections 684 and 793 of the Civil Practice Act so that effect may be given to the entire scheme of legislation dealing with the right of a creditor to reach the wages of his debtor. To give the 1941 amendment to section 792 the literal construction contended for by the appellants would, in effect, render the provisions of section 793 nugatory. Moreover, it would tie up wages in the hands of…