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

6 N.Y.2d 383 (1959)

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.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

David Morgulas for third-party appellant.

Seymour Karpas, Marcus Scherl and Herman D. Bragin for respondent.

Judges FULD, FROESSEL and BURKE concur with Judge VAN VOORHIS; Judge DESMOND dissents in an opinion in which Chief Judge CONWAY and Judge DYE concur.

VAN VOORHIS, J.

The appeal is by a third party in a supplementary proceeding (Psaty & Fuhrman, Inc.) from an affirmance of a civil contempt adjudication. A subpœna had been served on Psaty by the judgment creditor under section 781 of the Civil Practice Act containing a clause forbidding Psaty "to make or suffer any transfer or other disposition of, or to interfere with, any property belonging to the...

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