In re Landis Machine Co.

Decided April 15, 1909

City of New York Municipal Court · decided 1909-04-15

<p>Supplementary proceedings — Disobedience to order or subpoena as contempt — Jurisdiction — City Court or Supreme Court.</p> <p>Where a judgment of the Municipal Court of the city of New York, by the filing of a transcript in the County Clerk’s office, became a judgment of the Supreme Court out of which an execution was issued, a motion to punish the judgment debtor for contempt in failing to appear for examination in proceedings supplementary to execution under an order of tne City Court of the city of New York must be made in the Supreme Court.</p>

Relies on Cutting v. . Brennan

Decided 1909-04-15

La Fetra, J.

¶1This is a motion to punish a judgment debtor as for a contempt for his failure to appear November 20, 1908, the day to which his examination under an order of this court had been adjourned. The judgment upon which this proceeding is based was obtained in the Municipal Court, borough of Manahattan, ninth district, and became a judgment of the Supreme Court, out of which an execution was issued. A motion to punish as for a contempt should be made to the judge of the court or the court “out of which the execution was issued See Code Civ. Pro., § 2457; Matter of Backus, 91 App. Div. 266; affd., 179 N. Y. 571.

¶2Motion denied.