Legal Opinion

Silberman Dairy Co. v. Econopouly

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

Decided March 9, 1917PublishedCited by 12 opinions

Appeal by the defendant, Peter Econopouly, from an order of the county judge of Kings county, entered in the office of the clerk of said county on the 27th day of October, 1916, adjudging the appellant guilty of contempt of court, and punishing him by a fine of $250 and $30 costs.

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Appeal by the defendant, Peter Econopouly, from an order of the county judge of Kings county, entered in the office of the clerk of said county on the 27th day of October, 1916, adjudging the appellant guilty of contempt of court, and punishing him by a fine of $250 and $30 costs. The motion to punish was based upon said defendant’s examination as a judgment debtor in supplementary proceedings, the contention being that in answering questions he willfully and intentionally withheld testimony, and that his conduct in testifying was evasive.

1Opinion of the Court

Rich, J.:

The order recites the issuance of an order requiring the appellant to show cause “why he should not be punished as and for a contempt of court for having wilfully and intentionally withheld testimony in this proceeding and for his evasive conduct in testifying herein.” It then proceeds, “ and it appearing to the satisfaction of this court that the said judgment debtor Peter Econopouly has committed the contempt of court hereinbefore mentioned;” it adjudges and decrees “that the said judgment debtor Peter Econopouly is guilty as and for a contempt of court for having wilfully,…

2Cases cited7 opinions

  1. Fromme v. . GrayNew York Court of Appeals · 1896
  2. Ryan v. RyanAppellate Division of the Supreme Court of the State of New York · 1902
  3. Gordon v. FeldbergAppellate Division of the Supreme Court of the State of New York · 1912
  4. Moynihan v. DevaneyAppellate Terms of the Supreme Court of New York · 1915
  5. Shorwitz v. CaminezAppellate Division of the Supreme Court of the State of New York · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People ex rel. Valenti v. McCloskeyNew York Court of Appeals · 1959
  2. Matter of Foster v. HastingsNew York Court of Appeals · 1934
  3. People Ex Rel. Falk v. Sheriff of N.Y. CountyNew York Court of Appeals · 1932
  4. Ferguson v. PerkCity of New York Municipal Court · 1930
  5. Gernhardt v. BolandNew York City Court · 1925

7 more not listed; retrieve them via the Exa API.

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