Twelfth Ward Bank v. Luckes
New York Supreme Court
Supplementary proceedings by the Twelfth Ward Bank of the City of New York, a judgment creditor, against Gus Luckes and others. Application to punish Luckes, the judgment debtor, for contempt of court. A motion was made to punish the defendant judgment debtor, Cus Luckes, for contempt of court in disobeying the injunction order contained in an order for his examination in proceedings supplementary to execution.
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Supplementary proceedings by the Twelfth Ward Bank of the City of New York, a judgment creditor, against Gus Luckes and others. Application to punish Luckes, the judgment debtor, for contempt of court. A motion was made to punish the defendant judgment debtor, Cus Luckes, for contempt of court in disobeying the injunction order contained in an order for his examination in proceedings supplementary to execution. The motion was made more than a year after the close of the examination, and the papers were served upon the attorneys who had appeared for him in the supplementary proceedings, and…
1Opinion of the CourtHendrick, J.
[1] The order to show cause is equivalent to a notice of motion in a special proceeding (section 761, Judiciary Law [Consol. Laws 1909, c. 30]), and service upon the attorneys is sufficient and proper service (State Bank v. Wilchinsky, 64 Misc. Rep. 476, 118 N. Y. Supp. 578).:[2] The appearance of the attorneys in the special proceeding will be presumed to continue until that proceeding is terminated, or until some affirmative steps are taken by the client to dismiss them, or some of the causes intervene specified in section 65 of the Code of Civil Procedure. Commercial Bank v. Foltz, 13 App.…
2Cases cited2 opinions
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1897
- State Bank v. WilchinskyNew York Supreme Court · 1909