Legal Opinion · Dissent
Surace v. Danna
New York Court of Appeals
Decided May 1, 1928Published
1DissentO’Brien, J.
Appellant’s claim to exemption from execution against moneys heretofore paid to him as compensation for injury rests upon this provision of section 33, Workmen’s Compensation Law: “ Compensation or benefits due under this chapter, shall not be assigned, released or commuted except as provided by this chapter, and shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. Compensation and benefits shall be paid only to employees or their dependents.”
No property is exempt from…
2Cases cited5 opinions
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- McIntosh v. AubreySupreme Court of the United States · 1902
- Baker v. BrintrallNew York Supreme Court · 1868
- Bull v. . CaseNew York Court of Appeals · 1901
- Smith v. BloodAppellate Division of the Supreme Court of the State of New York · 1905