Blaufeld v. Hyams

Appellate Division of the Supreme Court of New York

Blaufeld v. Hyams

247 A.D. 212, 286 N.Y.S. 783, 1936 N.Y. App. Div. LEXIS 8225

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 1936

StatusPublished

This text of 247 A.D. 212 (Blaufeld v. Hyams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blaufeld v. Hyams, 247 A.D. 212, 286 N.Y.S. 783, 1936 N.Y. App. Div. LEXIS 8225 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

We think there was nothing contumacious about the third party’s conduct shown in the circumstances disclosed in the record, especially if there was an agreement made before the examination that an adjournment would be taken at an hour fixed therein. A fine for such alleged contempt was, therefore, improvident. We conclude that the order should be reversed, with twenty dollars costs and disbursements to the appellant, and the motion to punish for contempt denied, with ten dollars costs, and a direction to appear for further examination will be made and a date fixed in the order to be entered herein on notice.

Present — Martin, P. J., MoAvoy, O’Malley, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied, with ten dollars costs. The date for further examination to proceed to be fixed in the order. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We think there was nothing contumacious about the third party’s conduct shown in the circumstances disclosed in the record, especially if there was an agreement made before the examination that an adjournment would be taken at an hour fixed therein. A fine for such alleged contempt was, therefore, improvident. We conclude that the order should be reversed, with twenty dollars costs and disbursements to the appellant, and the motion to punish for contempt denied, with ten dollars costs, and a direction to appear for further examination will be made and a date fixed in the order to be entered herein on notice.

Present — Martin, P. J., MoAvoy, O’Malley, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied, with ten dollars costs. The date for further examination to proceed to be fixed in the order. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

247 A.D. 212, 286 N.Y.S. 783, 1936 N.Y. App. Div. LEXIS 8225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaufeld-v-hyams-nyappdiv-1936.