Matter of Manufacturers Trust Co. v. Sullivan

Full title: In the Matter of MANUFACTURERS TRUST COMPANY, Judgment Creditor…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 2, 1943

266 App. Div. 540 (N.Y. App. Div. 1943)

42 N.Y.S.2d 493

Opinion

July 2, 1943.

Appeal from Supreme Court, New York County, McLAUGHLIN, J.

Nathan Waxman of counsel ( Newman Bisco, attorneys), for appellant.

Robert H. Spelman for respondent.

Per Curiam.

As the finding of Special Term apparently was that the conduct of the judgment debtor was contemptuous, it might have fined him not to exceed $250, even though the amount of actual loss to the judgment creditor was not established. ( Socialistic Co-op. Pub. Assn. v. Kuhn, 164 N.Y. 473.) The record establishes that the imposition of such fine was warranted.

The order, so far as appealed from, should be reversed, with twenty dollars costs and disbursements, and the motion granted to the extent of fining the judgment debtor $250.

MARTIN, P.J., TOWNLEY, DORE, COHN and CALLAHAN, JJ., concur.

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements to the appellant, and the motion granted to the extent of fining the judgment debtor $250. Settle order on notice.