From Casetext: Smarter Legal Research

Vista Sales Corp. v. Briggsford Corp.

Supreme Court, Appellate Term, First Department
Jan 6, 1971
65 Misc. 2d 690 (N.Y. App. Term 1971)

Opinion

January 6, 1971

Appeal from the Civil Court of the City of New York, County of New York, LOUIS GROSSMAN, J.

Abraham J. Yasgour for appellant.

Rhoades Rhoades ( Daniel Rhoades of counsel), for respondent.


The parties entered into a stipulation with respect to the amount of the debtor employee's total weekly salary, and were bound thereby. In granting judgment against the employer under an income execution, pursuant to CPLR 5231 (subd. [e]), the trial court erred in calculating the employee's salary in an amount greater than that fixed in the stipulation.

While we do not agree with the trial court that appellant waived its objection to the service of the execution by failing to plead the objection in its answer, on the merits we find that appellant, by its conduct, accepted the service as made and was bound by the execution.

The judgment should be modified by decreasing petitioner's recovery to the sum of $122.40, with appropriate interest and costs, and as modified, affirmed without costs.

Concur — MARKOWITZ, J.P., LUPIANO and GOLD, JJ.

Judgment modified, etc.


Summaries of

Vista Sales Corp. v. Briggsford Corp.

Supreme Court, Appellate Term, First Department
Jan 6, 1971
65 Misc. 2d 690 (N.Y. App. Term 1971)
Case details for

Vista Sales Corp. v. Briggsford Corp.

Case Details

Full title:VISTA SALES CORP., Respondent, v. BRIGGSFORD CORPORATION, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Jan 6, 1971

Citations

65 Misc. 2d 690 (N.Y. App. Term 1971)
319 N.Y.S.2d 96

Citing Cases

Victor Auto Parts, Inc. v. Cuva

As stated, several payments were made pursuant to it. Any right which may have existed to object to the…