Rosen v. Wittenberg

Appellate Terms of the Supreme Court of New York

Rosen v. Wittenberg

170 Misc. 417, 10 N.Y.S.2d 486, 1939 N.Y. Misc. LEXIS 1599

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 24, 1939

StatusPublished

Cited by1 cases

This text of 170 Misc. 417 (Rosen v. Wittenberg) 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

Rosen v. Wittenberg, 170 Misc. 417, 10 N.Y.S.2d 486, 1939 N.Y. Misc. LEXIS 1599 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

As the debtor willfully and intentionally swore falsely concerning material matters in the supplementary proceeding, the subsequent “ correction ” of the false testimony may not defeat the remedy for false swearing provided for in section 788 of the Civil Practice Act.

Order reversed, with ten dollars costs and disbursements, motion granted, with ten dollars costs, and the debtor is fined for contempt of court in the sum of $250, payable as follows: Fifty dollars on the first day of March next, and the f balance in equal monthly installments of twenty-five dollars on the first day of each following month until payment in full, the amount so paid to be credited on the judgment. Matter remitted to the City Court to proceed accordingly.

McCook and Frankenthaler, JJ., concur; Hammer, J., dissents.

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

Per Curiam.

As the debtor willfully and intentionally swore falsely concerning material matters in the supplementary proceeding, the subsequent “ correction ” of the false testimony may not defeat the remedy for false swearing provided for in section 788 of the Civil Practice Act.

Order reversed, with ten dollars costs and disbursements, motion granted, with ten dollars costs, and the debtor is fined for contempt of court in the sum of $250, payable as follows: Fifty dollars on the first day of March next, and the f balance in equal monthly installments of twenty-five dollars on the first day of each following month until payment in full, the amount so paid to be credited on the judgment. Matter remitted to the City Court to proceed accordingly.

McCook and Frankenthaler, JJ., concur; Hammer, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

170 Misc. 417, 10 N.Y.S.2d 486, 1939 N.Y. Misc. LEXIS 1599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-wittenberg-nyappterm-1939.

Opinion

Related

Cite This Page — Counsel Stack