S. & N. Trading Corp. v. Amazon Building Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order granting motion to punish for contempt reversed on the law and the facts, without costs, and motion denied, without costs. The provision in the judgment sought to be enforced as for a contempt is enforeible by issuance of execution, despite the fact that the judgment refrains from providing that it might be so enforced. (Marlee, Inc., v. Bittar, 257 N. Y. 240; Myers v. Becker, 95 id. 486; Harris v. Elliott, 163 id. 269.) Young, Carswell and Tompkins, JJ., concur; Lazansky, P. J., concurs in result; Kapper, J., dissents and votes to dismiss the appeal. [See post, p.-.]
2Cases cited1 opinion
- Marlee, Inc. v. BittarNew York Court of Appeals · 1931
3Cited by2 opinions
- Hennig v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1935
- Nelson v. HirschAppellate Division of the Supreme Court of the State of New York · 1933