Likay v. Gottesman

Appellate Division of the Supreme Court of New York

Likay v. Gottesman

235 A.D. 820

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1932·No. Appeal No. 1·Published·Cited by 4 cases

Opinion

Order modified by striking out the provision adjudging defendants Gottesman and Weiss in contempt and directing their imprisonment, and by adding thereto the provision [821]*821that their answers be struck out because of their disobedience of the order of discovery and inspection. As so modified, the order is affirmed, without costs, and without prejudice to a renewal of the application to punish for contempt upon service of the order of discovery and inspection on these defendants personally. The Special Term was without power to punish the defendants for contempt by imprisonment or fine without proof of personal service of the order directing discovery and inspection. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur.

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

Order modified by striking out the provision adjudging defendants Gottesman and Weiss in contempt and directing their imprisonment, and by adding thereto the provision [821]*821that their answers be struck out because of their disobedience of the order of discovery and inspection. As so modified, the order is affirmed, without costs, and without prejudice to a renewal of the application to punish for contempt upon service of the order of discovery and inspection on these defendants personally. The Special Term was without power to punish the defendants for contempt by imprisonment or fine without proof of personal service of the order directing discovery and inspection. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur.

Likay v. Gottesman, 235 A.D. 820 (N.Y. Ct. App. 1932).

Pincite

235 A.D. 820 (Likay v. Gottesman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related