James v. Powell

Decision Date11 April 1967
CourtNew York Court of Appeals Court of Appeals
Parties, 226 N.E.2d 705 Esther JAMES, Respondent v. Adam Clayton POWELL, Jr., Appellant, et al., Defendant.

Appeal from Supreme Court, Appellate Division, First Department, 26 A.D.2d 295, 274 N.Y.S.2d 192.

The Supreme Court, Special Term, New York County, Sidney A. Fine, J., entered an order denying a motion by judgment creditor for order adjudging judgment debtor to be in both civil and criminal contempt because of his alleged willful failure to obey a subpoena in supplementary proceedings and directing the judgment debtor to appear for necessary examination in proceedings supplementary to judgment at time and place to be mutually designated by counsel for the parties.

The Appellate Division entered an order which modified, on the facts, on the law, and as a matter of discretion, the order of the Special Term. The modification consisted of finding the judgment debtor guilty of civil contempt and punishing him by a fine of $250 and a jail sentence of 30 days.

The Court of Appeals, 18 N.Y.2d 931, 277 N.Y.S.2d 135, 223 N.E.2d 562, affirmed the order and stated that pursuant to stipulation entered into between the parties examination of judgment debtor was adjourned and he was directed to appear for examination on December 9, 1966 at Special Term.

Motion was made in the Court of Appeals for amendment of remittitur.

Motion, insofar as it seeks amendment of the remittitur to delete the direction that defendant-appellant appear for examination December 9, 1966, granted; otherwise, motion denied. It is undisputed that the judgment which formed the basis for the proceeding has now been paid and that the direction to appear has become moot.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT