Maxine Jennings v. Domestic Finance Corp.

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Special Term erred in dismissing the summons and complaint on the ground that plaintiffs should *833have commenced a special proceeding pursuant to section 47-e of the Personal Property Law. The relief afforded by that section is the vacation of a wage assignment, and plaintiffs have specifically denied that they seek such relief despite the fact that it may be available to them. Since defendant makes no claim that the complaint fails to state a cause of action, we refrain from reaching…