Douglas v. Fassoulis

This is an application to punish a third party for contempt for allegedly violating a restraining order, or in the alternative to direct the third party to pay over the sum of $20,358.73 to the receiver pursuant to sections 794 and 796 of the Civil Practice Act.

The third-party respondent resists this motion and urges, among other contentions, that the service of the third-party subpoena did not create a lien and the restraining order was ineffective.

The moving papers reveal that a subpoena with a restraining clause was served upon the third-party respondent on November 13, 1957. At such time…