Appellate Division of the Supreme Court of New York, 1988

Cramer v. Cramer

Cramer v. Cramer
Appellate Division of the Supreme Court of New York · Decided May 27, 1988
140 A.D.2d 990; 529 N.Y.S.2d 660; 1988 N.Y. App. Div. LEXIS 5836
Cramer v. Cramer

Opinion of the Court

CPLR 5241 was enacted to provide an expeditious method of enforcing support orders but it did not intend to "eliminate the due process rights of a judgment debtor (see, Shutt v Shutt, 133 Misc 2d 81, 82-83). Thus, while defendant’s asserted "mistake of fact” is not specifically within that statutory definition (CPLR 5241 [a] [8]), an income execution is not justified in this case because plaintiff’s attorneys failed to comply with the notice and levy requirements of the statute (see, Shutt v Shutt, supra, at 84). (Appeal from order of Supreme Court, Erie County, Francis, J. — income execution.) Present — Dillon, P. J., Green, Pine, Balio and Davis, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.