Legal Opinion
Samuels v. Ganz
New York Supreme Court
Decided July 10, 1940PublishedCited by 3 opinions
1Opinion of the CourtElbe, J.
Motion to punish judgment debtor for contempt for failure to appear for examination in supplementary proceedings on June 13, 1940, the return day of the order. Failure to appear originally for examination in pursuance of an order in supplementary proceedings, or upon an adjourned day, is a civil contempt and not a criminal one. (Feinberg v. Kutcosky, 147 App. Div. 393.) A judgment debtor who merely disobeys an order in supplementary proceedings to appear and be examined cannot be fined the full amount of the judgment without a showing that the failure to obey the order resulted in a loss to…
2Cases cited8 opinions
- Moffat v. . HermanNew York Court of Appeals · 1889
- Feinberg v. KutcoskyAppellate Division of the Supreme Court of the State of New York · 1911
- Ross v. La CagninaNew York Supreme Court · 1910
- Buffalo Loan, Trust & Safe Deposit Co v. Medina Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1902
- New York State Labor Relations Board v. Kleen-Rite Process Corp.Appellate Division of the Supreme Court of the State of New York · 1939
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3Cited by3 opinions
- Barclays Bank, PLC v. HughesAppellate Division of the Supreme Court of the State of New York · 2003
- Vail v. QuinlanDistrict Court, S.D. New York · 1975
- Vail v. QuinlanDistrict Court, S.D. New York · 1975