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New York Supreme Court, 1959

Northville Dock Corp. v. Aller Oil Co.

Northville Dock Corp. v. Aller Oil Co.
New York Supreme Court · Decided November 2, 1959 · Pittoni
19 Misc. 2d 558; 196 N.Y.S.2d 272; 1959 N.Y. Misc. LEXIS 2726

Counsel

Harold Ashare for petitioner., Lewis J. Solomon for respondents.

Northville Dock Corp. v. Aller Oil Co.

Opinion of the Court

Mario Pittoni, J.

Motion by judgment debtors to vacate contempt order in supplementary proceedings dated August 26, 1959, is granted. The contempt order granted in Suffolk County was issued without jurisdiction. The court therein had no jurisdiction to punish for contempt; it was not the court in which the supplementary proceedings was pending, or out of which the subpoena was issued, or before which it was returnable. (Matter of Aluminum Fabricators v. Apex Window Co., 4 AD 2d939.)

Motion granted. Contempt order vacated. (Hennig v. Abrahams, 246 App. Div. 621, affd. 270 N. Y. 626.)

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