Times Square Liquidating Corp. v. Browner

City of New York Municipal Court

Times Square Liquidating Corp. v. Browner

185 Misc. 861, 57 N.Y.S.2d 894, 1945 N.Y. Misc. LEXIS 2363

City of New York Municipal Court·Decided October 16, 1945·Published

Opinion

McCtjllee, J.

The motion is denied. If the judgment debtor had taken the position, at the time the application was before the court for confirmation of the referee’s report, that the minutes of the hearing before the referee should be produced, that position would undoubtedly have been sustained (Aron v. Aron, 280 N. Y. 328). However, by not then taking any such position, the judgment debtor waived his right to require the production of the minutes. The contempt was clearly shown by the referee’s report and in the affidavits submitted in connection, with the motion. The present application is but an afterthought. The stay contained in the order to show cause of October 9, 1945, is vacated.

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McCtjllee, J.

The motion is denied. If the judgment debtor had taken the position, at the time the application was before the court for confirmation of the referee’s report, that the minutes of the hearing before the referee should be produced, that position would undoubtedly have been sustained (Aron v. Aron, 280 N. Y. 328). However, by not then taking any such position, the judgment debtor waived his right to require the production of the minutes. The contempt was clearly shown by the referee’s report and in the affidavits submitted in connection, with the motion. The present application is but an afterthought. The stay contained in the order to show cause of October 9, 1945, is vacated.

Times Square Liquidating Corp. v. Browner, 185 Misc. 861, 57 N.Y.S.2d 894, 1945 N.Y. Misc. LEXIS 2363 (N.Y. Super. Ct. 1945).

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