James v. Powell

• Decision Date: 01 December 1966
• Parties: , 223 N.E.2d 562 Esther JAMES, Respondent-Appellant, v. Adam Clayton POWELL, Jr., Appellant-Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 135

277 N.Y.S.2d 135

18 N.Y.2d 931, 223 N.E.2d 562

Esther JAMES, Respondent-Appellant, v. Adam Clayton POWELL, Jr., Appellant-Respondent.

Court of Appeals of New York.

Dec. 1, 1966.

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

Henry R. Williams, Lawrence R. Bailey, Thomas V. Sinclair, Jr., William C. Chance, Jr., and Lucille Chance, New York City (Henry R. Williams, New York City, on the brief), for defendant-appellant.

Raymond Rubin, New York City, for plaintiff-respondent.

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 and 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 Appellate Division directed that the judgment debtor was to appear for examination at a specified time and place or to surrender for service of the term imposed, and that service of the term was to be stayed during the examination and any adjournment thereof, and that the judgment debtor would be excused from imprisonment if he complied with order of examination, and that he might apply for an alternate date for examination, reasonably close to the date fixed, and that if he failed to appear on the date fixed or any duly substituted alternate date, commitment might issue on ex parte application.

Cross appeals were taken to the Court of Appeals.

Order affirmed, without costs. Pursuant to the stipulation entered into between the parties the examination of appellant Powell is adjourned and he is directed to appear at such examination on December 9, 1966 at 9:30 A.M. at Special Term, Part II, of the Supreme Court, New York County, 60 Centre Street, New York, New York.

All concur.