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MATTER OF SVERD v. MOSTEL

283 A.D. 128 (1953)

In the Matter of Clara Sverd, Respondent, v. Samuel Mostel, Appellant. Kathryn C. Mostel, Third-Party Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1953.

Attorney(s) appearing for the Case

R. Lawrence Siegel of counsel (Gerald P. Halpern with him on the brief; Pepper & Siegel, attorneys), for appellants.

Harry W. Davis for respondent.

COHN, J. P., and BREITEL, J., concur with BERGAN, J.; BOTEIN, J., dissents and votes to reverse and deny the motion, in opinion, in which BASTOW, J., concurs.

BERGAN, J.

The judgment creditor is the judgment debtor's former wife; the third-party appellant who has been adjudged guilty of a contempt in proceedings supplementary to execution is the judgment debtor's present wife. The judgment debtor is an actor whose earnings are large but irregular.

The basis for the order adjudging her in contempt is that after the third-party subpœna had been served on...

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