Grief v. Masch

Appellate Terms of the Supreme Court of New York

Grief v. Masch

147 Misc. 756, 264 N.Y.S. 647, 1933 N.Y. Misc. LEXIS 1556

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 25, 1933

StatusPublished

Cited by1 cases

This text of 147 Misc. 756 (Grief v. Masch) 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

Grief v. Masch, 147 Misc. 756, 264 N.Y.S. 647, 1933 N.Y. Misc. LEXIS 1556 (N.Y. Ct. App. 1933).

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Opinion

Per Curiam.

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 App. Div. 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.

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Per Curiam.

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 App. Div. 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.

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Bluebook (online)

147 Misc. 756, 264 N.Y.S. 647, 1933 N.Y. Misc. LEXIS 1556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grief-v-masch-nyappterm-1933.

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