S. & N. Trading Corp. v. Amazon Building Corp.

Appellate Division of the Supreme Court of New York

S. & N. Trading Corp. v. Amazon Building Corp.

236 A.D. 739

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1932·Published·Cited by 2 cases

Opinion

Order granting motion to punish for contempt reversed on the law and the facts, without costs, and motion denied, without costs. The provision in the judgment sought to be enforced as for a contempt is enforeible by issuance of execution, despite the fact that the judgment refrains from providing that it might be so enforced. (Marlee, Inc., v. Bittar, 257 N. Y. 240; Myers v. Becker, 95 id. 486; Harris v. Elliott, 163 id. 269.) Young, Carswell and Tompkins, JJ., concur; Lazansky, P. J., concurs in result; Kapper, J., dissents and votes to dismiss the appeal. [See post, p.-.]

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Order granting motion to punish for contempt reversed on the law and the facts, without costs, and motion denied, without costs. The provision in the judgment sought to be enforced as for a contempt is enforeible by issuance of execution, despite the fact that the judgment refrains from providing that it might be so enforced. (Marlee, Inc., v. Bittar, 257 N. Y. 240; Myers v. Becker, 95 id. 486; Harris v. Elliott, 163 id. 269.) Young, Carswell and Tompkins, JJ., concur; Lazansky, P. J., concurs in result; Kapper, J., dissents and votes to dismiss the appeal. [See post, p.-.]

S. & N. Trading Corp. v. Amazon Building Corp., 236 A.D. 739 (N.Y. Ct. App. 1932).

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Opinion

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