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Appellate Terms of the Supreme Court of New York, 1964

Credit Department, Inc. v. Ramp Maintenance Corp.

Credit Department, Inc. v. Ramp Maintenance Corp.
Appellate Terms of the Supreme Court of New York · Decided December 16, 1964
44 Misc. 2d 1094; 256 N.Y.S.2d 148; 1964 N.Y. Misc. LEXIS 1191

Counsel

Friedlander & Gaines (Norhert Ruttenberg of counsel), for appellant. Milton Kostroff and Joseph Untermeyer for respondent.

Credit Department, Inc. v. Ramp Maintenance Corp.

Opinion of the Court

Per Curiam.

The purpose of subdivision 7 of section 684 of the Civil Practice Act was to reach all variable commission earnings, whatever method of settlement with its employee the employer might elect to adopt. (Davidow v. John Hancock Mut. Life Ins. Co., 231 App. Div. 300.)

Furthermore, under present business practice an employer can by his own system, voluntarily adopted, no more excuse a failure to make a garnishee deduction than he can. a social security or withholding tax deduction.

The judgment should be affirmed, without costs.

Concur — Gtjlotta, Pette and Croat, JJ.

Judgment affirmed, etc.

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