[DOWNLOAD] "Florence Kobin v. Henry v. Kobin" by Supreme Court of New York * Book PDF Kindle ePub Free

by Sam Ortiz July 03, 2021 Post a Comment

eBook details

Title: Florence Kobin v. Henry v. Kobin
Author : Supreme Court of New York
Release Date : January 14, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Plaintiff wife appeals from an order adjudging her guilty of contempt of court for willfully violating and disobeying a judgment
entered in her action for separation, and directing a reference as to the value of the furniture, [2 A.D.2d 968 Page 969] -- furnishings and equipment she removed from the marital home. The order should be modified to fine the plaintiff $250
and to eliminate the reference, and otherwise affirmed, with costs. The turnover provision of the judgment in the separation
action was well within the jurisdiction of the court, if only to terminate the possessions of the furniture vested in the
plaintiff by the order of sequestration she procured (Civ. Prac. Act, 1171-a). The failure of plaintiff, during the 10 days
between the decision of the Special Referee and the entry of the judgment, to raise her claim of title to the furniture is
compelling evidence of her deliberate contempt. Her claim of judicial error is, of course, no excuse for her refusal to obey
the judgment. (See Ketchum v. Edwards, 153 N. Y. 534, 538-539.) Since title to the furniture, furnishings and equipment will
have to be resolved in an appropriate action at law or equity (Plohn v. Plohn, 1 A.D.2d 824), there is no need for a reference
and, instead, a fine of $250 should be imposed upon the plaintiff. For the guidance of the parties, and with respect to possible
future proceedings based upon the modified judgment, it should be noted that compliance with the mandate of the judgment,
as modified in the companion appeal, cannot be evaded by the bare unsupported claim of title to the furniture, furnishings
and equipment, especially in view of the sworn allegation of the plaintiff that the home and contents were "owned by my husband".
[See ante, p. 961.]