Schiff v. Loomer

Appellate Division of the Supreme Court of New York

Schiff v. Loomer

23 A.D.2d 481, 255 N.Y.S.2d 482, 1965 N.Y. App. Div. LEXIS 5016

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 1965

StatusPublished

This text of 23 A.D.2d 481 (Schiff v. Loomer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schiff v. Loomer, 23 A.D.2d 481, 255 N.Y.S.2d 482, 1965 N.Y. App. Div. LEXIS 5016 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered on August 17, 1964, denying the judgment creditors’ motion to punish a witness for contempt on condition that the witness appear and submit to further examination, unanimously affirmed, with $30 costs to the judgment creditors. Under the circumstances, the rights of the judgment creditors are sufficiently protected by the denial of the motion upon condition that the witness testifies. Moreover, from the concessions made upon the argument of this appeal, the witness is prepared to make full disclosure upon the matters about which the judgment creditors had inquired before making the motion to punish for contempt. The witness now has the judicial direction to answer without which he heretofore made claim he was uncertain about his rights and duties in the [482]*482premises. However, it cannot be said that the witness was entirely without fault in his refusal to answer pertinent and proper questions and in obstructing the judgment creditors’ attempt to obtain information regarding the judgment debtor's assets. For that reason we are assessing costs and disbursements in favor of appellants. Concur — Botein, P. J., Valente, McNally, Eager and Staley, JJ.

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Order, entered on August 17, 1964, denying the judgment creditors’ motion to punish a witness for contempt on condition that the witness appear and submit to further examination, unanimously affirmed, with $30 costs to the judgment creditors. Under the circumstances, the rights of the judgment creditors are sufficiently protected by the denial of the motion upon condition that the witness testifies. Moreover, from the concessions made upon the argument of this appeal, the witness is prepared to make full disclosure upon the matters about which the judgment creditors had inquired before making the motion to punish for contempt. The witness now has the judicial direction to answer without which he heretofore made claim he was uncertain about his rights and duties in the [482]*482premises. However, it cannot be said that the witness was entirely without fault in his refusal to answer pertinent and proper questions and in obstructing the judgment creditors’ attempt to obtain information regarding the judgment debtor's assets. For that reason we are assessing costs and disbursements in favor of appellants. Concur — Botein, P. J., Valente, McNally, Eager and Staley, JJ.

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Bluebook (online)

23 A.D.2d 481, 255 N.Y.S.2d 482, 1965 N.Y. App. Div. LEXIS 5016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schiff-v-loomer-nyappdiv-1965.