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MTR. OF COSMO. CAS. v. MONARCH CORP.

6 A.D.2d 163 (1958)

In the Matter of Cosmopolitan Mutual Casualty Company of New York, Respondent, v. Monarch Concrete Corporation et al., Judgment Debtors; Psaty & Fuhrman, Inc., Third-Party Appellant, and Hyman Greenberg, Individually and as Secretary of Psaty & Fuhrman, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1958.

Attorney(s) appearing for the Case

David Morgulas of counsel (M. Carl Levine, Morgulas & Foreman, attorneys), for appellant.

Seymour Karpas of counsel (Marcus Scherl, attorney), for respondent.

BOTEIN, P. J., BREITEL, M. M. FRANK and McNALLY, JJ., concur in Per Curiam opinion; RABIN, J., dissents in opinion.

Per Curiam.

In this supplementary proceeding, Psaty & Fuhrman, Inc., a third party, and its secretary, Hyman Greenberg, appeal from a Special Term order adjudging the third party guilty of contempt and imposing a fine of $4,410.39. The order followed the confirmation of the report of an Official Referee who found the third party guilty of contempt after a hearing upon the issues.

On June 1, 1956, the creditor...

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