Kiamesha Concord, Inc. v. Pullman

The plaintiff’s third proposed order is-rejected. It is not appropriate to punish the defendant for contempt on the present record.

Not only was a fictitious name used without adequate identification of the judgment debtor (see my opinion herein dated October 24, 1966, 52 Misc 2d 210) but a notice of motion was not served nor was consent obtained to correct the title and proceedings, as directed in my memorandum decision herein dated November 2,1966.*

There is indicated here, moreover, a substantive objection that must be adverted to. In the case at bar, the judgment creditor appears to have…