Legal Opinion

In re Proceedings Supplementary to Execution under a Judgment in an Action

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

Decided February 15, 1918PublishedCited by 2 opinions

Appeal by Michael Streep and another from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of June, 1917, as resettled by an order entered in said clerk’s office on the 19th day of June, 1917, punishing the appellants severally for contempt of court, and also from an order made on the 22d day of March, 1917, referring to an official referee the question of taking testimony…

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Appeal by Michael Streep and another from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of June, 1917, as resettled by an order entered in said clerk’s office on the 19th day of June, 1917, punishing the appellants severally for contempt of court, and also from an order made on the 22d day of March, 1917, referring to an official referee the question of taking testimony thereon.

1Per curiam

We think that the justice of the Supreme Court had jurisdiction to make the order for the examination of the judgment debtor. When the judgment recovered in the borough of Brooklyn, in the Municipal Court of the City of New York, was docketed with the county clerk of Kings county, it was deemed a judgment of the Supreme Court and it could be enforced accordingly. (N. Y. City Mun. Ct. Code [Laws of 1915, chap. 279], § 131.) The said order made by the said justice in the county of Kings was in enforcement of the judgment. (Emery v. Emery & Redfield, 9 How. Pr. 130, *870133. See, too, Friedman…

2Cases cited2 opinions

  1. Friedman v. Metropolitan Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1905
  2. Emery v. Emery & RedfieldNew York Supreme Court · 1854

3Cited by2 opinions

  1. Rosen v. PolanskyNew York Supreme Court · 1923
  2. Regina Cloak & Suit Corp. v. ZalmovitzNew York Supreme Court · 1923

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