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Schumer v. Nadler

City Court of New York, New York County
Apr 19, 1932
145 Misc. 802 (N.Y. City Ct. 1932)

Opinion

April 19, 1932.

Joffe Joffe, for the judgment creditor.

Stern Stern, for the judgment debtor.

Samuel Goldberg, third party, in person, for the third party.


These are motions to punish, respectively, Sigmund Nadler, the debtor, and Samuel Goldberg, a third party, in proceedings supplementary to execution, as and for a contempt of this court.

They were copartners under the firm name of Goldberg Nadler when Nadler sold his interest to Goldberg, who continued the business under the same partnership name and style.

They claim this change in their partnership relationship took place some time prior to the service of orders for their respective examinations.

The creditor, however, contends the change was made in anticipation of the judgment herein, and that the testimony of both was willfully false. It remains, however, without direct contradiction, and is as consistent with truth as with falsity upon the record now before me. (Civ. Prac. Act, § 791; Moynihan v. Devaney, 90 Misc. 346; Bernheimer v. Kelleher, 31 id. 464; Matter of Ryan, 73 A.D. 137; Matter of Silberman Dairy Co. v. Econopouly, 177 id. 97; Fromme v. Gray, 148 N.Y. 695; Becker v. Gerlich, 72 Misc. 157; Matter of Ferguson v. Perk, 138 id. 326; Riddle Bullard Supp. Proc. [3d ed. 1894] § 5, pp. 156-164; Code Civ. Proc. [1848, J. Townshend] pp. 203, 204, § 252.)

Both motions are denied.


Summaries of

Schumer v. Nadler

City Court of New York, New York County
Apr 19, 1932
145 Misc. 802 (N.Y. City Ct. 1932)
Case details for

Schumer v. Nadler

Case Details

Full title:SAMUEL SCHUMER, Judgment Creditor, v. SIGMUND NADLER, Judgment Debtor

Court:City Court of New York, New York County

Date published: Apr 19, 1932

Citations

145 Misc. 802 (N.Y. City Ct. 1932)
260 N.Y.S. 911

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