Legal Opinion

National Surety Corp. v. R. H. Macy & Co.

New York Supreme Court

Decided November 22, 1982Published

1Opinion of the Court

OPINION OF THE COURT

Herman Cahn, J.

Petitioner moves for summary judgment against respondent in the amount of $4,150 on the ground that respondent, as garnishee, has failed to comply with the terms of an income execution served upon it.

In 1959, petitioner recovered a judgment against one Samuel Begleiter, who was then and is now respondent’s employee. An income execution was issued and after service upon the judgment debtor, and his default thereon, the execution was served on respondent on May 31, 1967. The income execution recited that a judgment had been entered in the sum of $7,064.54…

2Cases cited6 opinions

  1. Smith v. Endicott-Johnson Corp.Appellate Division of the Supreme Court of the State of New York · 1921
  2. Smith v. . Endicott-Johnson CorporationNew York Court of Appeals · 1922
  3. Starke v. S. C. Beckwith Special AgencyNew York Court of Appeals · 1919
  4. Beneficial Discount Co. v. SpikeNew York Supreme Court · 1977
  5. Endicott Johnson Corp. v. SmithSupreme Court of the United States · 1924

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