Appellate Terms of the Supreme Court of New York, 1916

Kern v. Zuppa

Appellate Terms of the Supreme Court of New York · Decided May 16, 1916

159 N.Y.S. 76 (New York Supplement)

Counsel

Elias Isaacs, of New York City, for appellant., Wessels Ryerson, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

The order appealed from was made immediately upon conclusion of the judgment debtor’s examination, without notice *77by way of order to show cause or otherwise, although It is not even pretended that the alleged contempt was committed in the presence of the court. Indeed, it appears from the judgment debtor’s examination that it was not. We know of. no authority for the order, and respondent makes no attempt to justify it.

Order reversed, with $10 costs and disbursements to appellant against the judgment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.