MATTER OF McDONNELL v. FRAWLEY


23 A.D.2d 729 (1965)

In the Matter of C. E. H. McDonnell, as Trustee in Reorganization of Equitable Plan Company, Respondent, v. Edward G. Frawley, Judgment Debtor, and John L. Kemmerer, Jr., as Surviving Executor of Mahlon S. Kemmerer, Deceased, Appellant

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

April 6, 1965


Orders, entered August 6, 1963 and September 10, 1964, unanimously modified on the law to remand the proceeding for a hearing before the same Trial Justice to determine if the decedent's misconduct constituting the contempt caused loss or injury to the judgment creditor and to afford the judgment creditor full opportunity to prove its damages by reason of such misconduct. As so modified the orders are affirmed, with $30 costs and disbursements to abide the event.

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