Diamond & Frazer Iron Works, Inc. v. Di Tullio

Motion to punish judgment debtor for contempt of court, in that he failed to make payments as directed, by an order of this court, pursuant to the provisions of section 793 of the Civil Practice Act.

*801There is nothing in section 753 of the Judiciary Law that would warrant the granting of the motion. Subdivision 3 of that section prohibits punishment for contempt for failure to obey an order directing the payment of a sum of money, where, by law, execution may be awarded for the collection of that sum.

Under many circumstances, courts do punish, as a contempt, the failure to obey an order for the…