Northville Dock Corp. v. Aller Oil Co.

New York Supreme Court

Northville Dock Corp. v. Aller Oil Co.

19 Misc. 2d 558, 196 N.Y.S.2d 272, 1959 N.Y. Misc. LEXIS 2726

New York Supreme Court·Decided November 2, 1959·Published

Opinion

Mario Pittoni, J.

Motion by judgment debtors to vacate contempt order in supplementary proceedings dated August 26, 1959, is granted. The contempt order granted in Suffolk County was issued without jurisdiction. The court therein had no jurisdiction to punish for contempt; it was not the court in which the supplementary proceedings was pending, or out of which the subpoena was issued, or before which it was returnable. (Matter of Aluminum Fabricators v. Apex Window Co., 4 AD 2d939.)

Motion granted. Contempt order vacated. (Hennig v. Abrahams, 246 App. Div. 621, affd. 270 N. Y. 626.)

Free access — add to your briefcase to read the full text and ask questions with AI

Mario Pittoni, J.

Motion by judgment debtors to vacate contempt order in supplementary proceedings dated August 26, 1959, is granted. The contempt order granted in Suffolk County was issued without jurisdiction. The court therein had no jurisdiction to punish for contempt; it was not the court in which the supplementary proceedings was pending, or out of which the subpoena was issued, or before which it was returnable. (Matter of Aluminum Fabricators v. Apex Window Co., 4 AD 2d939.)

Motion granted. Contempt order vacated. (Hennig v. Abrahams, 246 App. Div. 621, affd. 270 N. Y. 626.)

Northville Dock Corp. v. Aller Oil Co., 19 Misc. 2d 558, 196 N.Y.S.2d 272, 1959 N.Y. Misc. LEXIS 2726 (N.Y. Super. Ct. 1959).

Pincite

19 Misc. 2d 558 (Northville Dock Corp. v. Aller Oil Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related