Frank v. Pennaccso
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Proceeding supplementary to execution by Louis R. Frank against Frank Pennaccso. From an order of the City Court of the City of New York adjudging defendant judgment debtor in contempt, he appeals. Order reversed, with leave to renew the motion.
1Opinion of the CourtBijur, J.
It is not necessary to determine the many points raised on this appeal because of the “fatal objections to the order,” in that “it does not contain the absolutely necessary adjudication” that the act for which the party is punished “was calculated to or actually did defeat, impair, impede, or prejudice the rights or remedies of the complaining party.” Guerrier v. Coleman, 135 App. Div. 46, 119 N. Y. Supp. 895; Judiciary Law, § 770.
Order reversed, with $10 costs and disbursements, with leave, however, to renew the motion in the court below. All concur.
2Cases cited1 opinion
- Guerrier v. ColemanAppellate Division of the Supreme Court of the State of New York · 1909