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Appellate Terms of the Supreme Court of New York, 1933

Grief v. Masch

Grief v. Masch
Appellate Terms of the Supreme Court of New York · Decided May 25, 1933
147 Misc. 756; 264 N.Y.S. 647; 1933 N.Y. Misc. LEXIS 1556

Counsel

Schneider & Herdes [Jacob S. Schneider of counsel], for the appellant., Arthur B. Kelly, for the respondent.'

Grief v. Masch

Opinion of the Court

Per Curiam.

The motion to punish the judgment debtor for contempt was based upon the claim that he had deliberately given false testimony upon material matters in his examination in supplementary proceedings. Assuming this charge to have been clearly established, the court was not authorized to punish the debtor for contempt on that ground. (Judiciary Law, § 753, subd. 5; Matter of Silberman Dairy Co. v. Econopouly, 177 App. Div. 97.)

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Costs to be set off against the judgment.

All concur; present, Lydon, Callahan and Frankenthaler, JJ.

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