Appellate Division of the Supreme Court of New York, 1932

S. & N. Trading Corp. v. Amazon Building Corp.

S. & N. Trading Corp. v. Amazon Building Corp.
Appellate Division of the Supreme Court of New York · Decided July 15, 1932
236 A.D. 739
S. & N. Trading Corp. v. Amazon Building Corp.

Opinion of the Court

Order granting motion to punish for contempt reversed on the law and the facts, without costs, and motion denied, without costs. The provision in the judgment sought to be enforced as for a contempt is enforeible by issuance of execution, despite the fact that the judgment refrains from providing that it might be so enforced. (Marlee, Inc., v. Bittar, 257 N. Y. 240; Myers v. Becker, 95 id. 486; Harris v. Elliott, 163 id. 269.) Young, Carswell and Tompkins, JJ., concur; Lazansky, P. J., concurs in result; Kapper, J., dissents and votes to dismiss the appeal. [See post, p.-.]

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