Appellate Division of the Supreme Court of New York, 1913

Hurwitz v. Bernstein

Hurwitz v. Bernstein
Appellate Division of the Supreme Court of New York · Decided April 15, 1913
156 A.D. 913
Hurwitz v. Bernstein

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

The title to the property being in dispute, its ownership can only be ascertained in a proceeding instituted by the receiver. The debtor cannot be punished for a criminal contempt upon a motion, even though the affidavits presented to the judge tend to establish that the evidence given by him relating to such ownership is untrue. The order must, therefore, be reversed. Order of the County Court of Kings county.reversed, with ten dollars costs and disbursements, and motion denied, without costs. Jenks, P. J., Thomas, Carr, Rich and Stapleton, JJ., concurred.

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