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OSBORNE v. MILLER

67 Misc.2d 824 (1971)

Kurt J. Osborne, as Parent and Natural Guardian of Carroll J. Osborne, an Infant, et al., Plaintiffs, v. Benjamin Miller et al., Defendants.

Supreme Court, Special Term, New York County.

October 15, 1971

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg for plaintiff. Botein, Hays, Sklar & Herzberg for Benjamin Miller and another, defendants.

ARNOLD L. FEIN, J.

Motion for an order punishing the defendant judgment debtor, Benjamin Miller, for contempt is granted and he is adjudged in contempt for failure to comply with the subpoena duly served upon him. As a judgment debtor he was not entitled to a witness fee (CPLR 5224, subd. [b]). He is fined in the sum of $250. He may purge himself of the contempt by paying the fine and submitting to examination at Special Term, Part II, of this court on...

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