Legal Opinion

Groshut v. Kinetophote Corp.

Appellate Terms of the Supreme Court of New York

Decided February 15, 1916PublishedCited by 2 opinions

Appeal from an order denying the motion of the plaintiff, judgment creditor, to punish the above-named defendant and judgment debtor, and William Carlyle Herbert, one of its officers, as and for a contempt of court.

1Per curiam

The judgment debtor has wilfully disregarded an order for his examination made in supplementary proceedings, on the ground that the original order was void. He did not see fit to make any motion to vacate the order but assumed for himself to decide that the court had no jurisdiction to make the order. The court was therefore bound to punish him for his contempt unless the original order was absolutely void. The affidavit upon which this order was made states that the execution was issued to the “ Sheriff of the County of New York where said judgment debtor then had its principal place of…

2Cases cited2 opinions

  1. Finch School v. FinchAppellate Division of the Supreme Court of the State of New York · 1911
  2. Bouker Contracting Co. v. W. H. Callahan Contracting Co.Appellate Terms of the Supreme Court of New York · 1915

3Cited by2 opinions

  1. Silbert v. SilbertAppellate Division of the Supreme Court of the State of New York · 1966
  2. Koch v. KochNew York Family Court · 1979

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