Legal Opinion

Metropolitan Life Insurance v. Zaroff

City of New York Municipal Court

Decided November 18, 1935PublishedCited by 3 opinions

1Opinion of the CourtEvans, J.

This is an application to compel a judgment debtor to pay a portion of his salary, on account of the judgment, under section 793 of the Civil Practice Act. The compulsion must be initiated by an order of the court. If the order is disobeyed, punishment will follow. The punishment may result in a jail sentence.

The debtor earns a salary of forty dollars a week. There is no prior garnishee that acts as an obstacle to the creditor. It may, therefore, proceed, under the provisions of section 684 of the Civil Practice Act, and be the first one to levy on the salary.

Under these circumstances, may…

2Cases cited1 opinion

  1. Diamond v. Schulte Bakers, Inc.City of New York Municipal Court · 1930

3Cited by3 opinions

  1. Industrial Bank of Commerce v. KellyNew York Supreme Court · 1961
  2. Kells v. StupplebeenColumbia County Court · 1938
  3. Economy Leases, Inc. v. BiermanCity of New York Municipal Court · 1936

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