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Grief v. Masch

Supreme Court, Appellate Term, First Department
May 25, 1933
147 Misc. 756 (N.Y. App. Term 1933)

Opinion

May 25, 1933.

Appeal from the City Court of New York, Bronx County.

Schneider Herdes [ Jacob S. Schneider of counsel], for the appellant.

Arthur B. Kelly, for the respondent.


The motion to punish the judgment debtor for contempt was based upon the claim that he had deliberately given false testimony upon material matters in his examination in supplementary proceedings. Assuming this charge to have been clearly established, the court was not authorized to punish the debtor for contempt on that ground. (Judiciary Law, § 753, subd. 5; Matter of Silberman Dairy Co. v. Econopouly, 177 A.D. 97. )

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Costs to be set off against the judgment.

All concur; present, LYDON, CALLAHAN and FRANKENTHALER, JJ.


Summaries of

Grief v. Masch

Supreme Court, Appellate Term, First Department
May 25, 1933
147 Misc. 756 (N.Y. App. Term 1933)
Case details for

Grief v. Masch

Case Details

Full title:ISAAC GRIEF, Judgment Creditor, Respondent, v. ARTHUR MASCH, Judgment…

Court:Supreme Court, Appellate Term, First Department

Date published: May 25, 1933

Citations

147 Misc. 756 (N.Y. App. Term 1933)
264 N.Y.S. 647

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