Altschul v. Dane

Cohn, J. (dissenting).

I dissent and vote to modify the order appealed from by limiting the fine to the sum of $250, together with the amount of complainant’s costs and expenses.

While I agree with the majority that wilful false swearing concerning any material matter in supplementary proceedings may now be made the basis for a civil contempt (Civ. Prac. Act, § 788, as added by Laws of 1935, chap. 630; cf., also, Matter of Finkel v. McCook, 247 App. Div. 57, at p. 63; afid., 271 N. Y. 636), the amount of the fine must be fixed upon proof of the damages sustained according to the rules of law…