Legal Opinion

In re Beneficial Finance Co. of New York, Inc.

New York Supreme Court

Decided July 21, 1964PublishedCited by 6 opinions

1Opinion of the CourtG. Robert Witmer, J.

This is a proceeding under CPLR 5239 to determine priority as between an income levy under 5231 of said act and a wage assignment under article 3-A of the Personal Property Law.

It appears without dispute that on July 12, 1963 one David O. Baker, a resident of Monroe County, borrowed money from petitioner and gave as security a wage assignment. When said Baker was more than 21 days in default in the payment of his said loan, petitioner on November 14, 1963 gave him the 10-day written notice provided for in section 48 of the Personal Property Law demanding payment. Baker failed to pay as…

2Cases cited1 opinion

  1. Egelhof v. Inwood Credit UnionAppellate Terms of the Supreme Court of New York · 1935

3Cited by6 opinions

  1. Gural v. DrasnerAppellate Division of the Supreme Court of the State of New York · 2013
  2. In re Leslie B.New York City Family Court · 1985
  3. In re Mitchum S.New York City Family Court · 1983
  4. Citibank v. EastCivil Court of the City of New York · 1983
  5. Gural v. DrasnerAppellate Division of the Supreme Court of the State of New York · 2013

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