Federated Department Stores, Inc. v. Esser

OPINION OF THE COURT

Alfred M. Ascione, J.

Motion by plaintiff judgment creditor for an order directing that Ronda Esser, the defendant judgment debtor’s wife, be punished for contempt for violation of, and noncompliance with a subpoena for her examination in this judgment enforcement proceeding, is denied.

Ronda Esser was subpoenaed to testify as a witness with respect to the judgment entered on August 18, 1976 against her husband Gene Esser, in the amount of $54,848.28, of which $52,381.43 remains unpaid. The examination proceeded on May 25, 1978, and it appears that the witness testified…