Frank L. Burns Coal Co. v. Gold

Appellate Terms of the Supreme Court of New York

Frank L. Burns Coal Co. v. Gold

135 Misc. 545, 239 N.Y.S. 303, 1930 N.Y. Misc. LEXIS 980

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 9, 1930

StatusPublished

This text of 135 Misc. 545 (Frank L. Burns Coal Co. v. Gold) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank L. Burns Coal Co. v. Gold, 135 Misc. 545, 239 N.Y.S. 303, 1930 N.Y. Misc. LEXIS 980 (N.Y. Ct. App. 1930).

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Opinion

Per Curiam.

It is apparent from the record that the debtor was held in contempt because, on the ruling of the justice excluding counsel for the judgment debtor from the examination room, on the ground that the debtor was not entitled to counsel, the debtor refused to answer any questions unless in the presence of his counsel. The judgment debtor had the right to the aid of counsel in the supplementary proceeding. (Civ. Prac. Act, § 790; Schwab v. Cohen, 13 N. Y. St. Repr. 709; 23 C. J. 859.)

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, Peters and Frankenthaler, JJ.

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Per Curiam.

It is apparent from the record that the debtor was held in contempt because, on the ruling of the justice excluding counsel for the judgment debtor from the examination room, on the ground that the debtor was not entitled to counsel, the debtor refused to answer any questions unless in the presence of his counsel. The judgment debtor had the right to the aid of counsel in the supplementary proceeding. (Civ. Prac. Act, § 790; Schwab v. Cohen, 13 N. Y. St. Repr. 709; 23 C. J. 859.)

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, Peters and Frankenthaler, JJ.

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Bluebook (online)

135 Misc. 545, 239 N.Y.S. 303, 1930 N.Y. Misc. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-l-burns-coal-co-v-gold-nyappterm-1930.