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Highland Trust Co. of New Jersey v. Saba

125 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1910-11-17 English

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p. 1124
HIGHLAND TRUST CO. OF NEW JERSEY v. SABA.
(Supreme Court, Appellate Term.
November 17, 1910.)

Headnote

Appeal from City Court of New York, Special Term. Supplementary proceedings by the Highland Trust Company of New Jersey, as judgment creditor, against Anthony Saba, judgment debtor. From an order punishing the judgment debtor for contempt, and from an order denying a motion to open his default, he appeals. Order punishing judgment debtor for contempt reversed and appeal from order denying motion to open default dismissed.
Charles E. Kelley, for appellant. Frederick W. Block (Joseph Joffe, of counsel), for respondent.

The evidence disclosed by the examination of the judgment-debtor and in the subsequent proceedings resulting in the order appealed from utterly fails to show that the debtor was guilty of contempt. Order punishing the judgment debtor for contempt reversed, with $10 costs and disbursements and motion denied, with $10 costs. Appeal from order denying motion to open default dismissed without costs. All concur.