Legal Opinion

C. E. H. McDonnell v. Frawley

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

Decided April 6, 1965PublishedCited by 9 opinions

1Opinion of the Court

Orders, entered August 6, 1963 and September 10, 1964, unanimously modified on the law to remand the proceeding for a hearing before the same Trial Justice to determine if the decedent’s misconduct constituting the contempt caused loss or injury to the judgment *730creditor and to afford the judgment creditor full opportunity to prove its damages by reason o£ such misconduct. As so modified the orders are affirmed, with $30 costs and disbursements to abide the event. If the misconduct be proved but no actual loss or injury be shown, the fine imposed cannot exceed the judgment creditor’s costs and…

2Cases cited1 opinion

  1. Jos. Riedel Glass Works, Inc. v. Francis W. Kurtz & Co.Appellate Division of the Supreme Court of the State of New York · 1940

3Cited by9 opinions

  1. Nancy C. Lindsay and Bruce H. Lindsay v. Ortho Pharmaceutical CorporationCourt of Appeals for the Second Circuit · 1980
  2. Quantum Heating Services Inc. v. AusternAppellate Division of the Supreme Court of the State of New York · 1984
  3. Mulder v. MulderAppellate Division of the Supreme Court of the State of New York · 1993
  4. State v. Unique Ideas, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  5. Garry v. GarryNew York Supreme Court · 1983

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