Cosmopolitan Mutual Casualty Co. v. Monarch Concrete Corp.

Rabin, J. (dissenting).

I dissent and vote to reverse the order adjudging the third-party appellant (herein called Psaty) guilty of contempt based upon a finding that subsequent to the service of a third-party subpoena upon it Psaty made payments to or on behalf of the judgment debtor (herein called Monarch).

Psaty was the general contractor for the City of New York on the construction of an incinerator plant and entered into a subcontract with Monarch for the performance of the concrete work. The subcontract called for monthly payments of 90% of the value of the work completed in the preceding…