Cornell Federal Credit Union v. Thorpe

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered December 9, 1992 in Tompkins County, which denied plaintiff’s motion to hold defendant in contempt.

Having obtained a money judgment in its favor against defendant, plaintiff sought to enforce the judgment by serving a subpoena on defendant for a deposition pursuant to CPLR 5223 and 5224. The subpoena was captioned out of the original action in Supreme Court, Tompkins County, and when defendant failed to appear for the deposition, plaintiff moved in that court for an order holding defendant in contempt. Defendant defaulted,…