MATTER OF MOHAWK NAT. BANK v. WEBB


33 Misc.2d 792 (1962)

In the Matter of Mohawk National Bank, Judgment Creditor, v. Frank P. Webb, Judgment Debtor.

County Court, Schenectady County.

April 24, 1962


Attorney(s) appearing for the Case

Maurice E. La Fleche for judgment creditor. Jerome Brownstein for judgment debtor.


ARCHIBALD C. WEMPLE, J.

The attorney for the judgment creditor contended that the fund in question — representing earned but unpaid commissions as agent on sale of real estate — was not exempt from levy under execution. On the other hand, the attorney for the judgment debtor argued that the fund represented earnings which were already subject to deduction under a wage assignment; that as salary, the fund under section 793 of the Civil Practice...

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