Metropolitan Funeral Directors Ass'n v. Zebrowski

New York Supreme Court

Metropolitan Funeral Directors Ass'n v. Zebrowski

14 Misc. 2d 1072, 181 N.Y.S.2d 278, 1958 N.Y. Misc. LEXIS 2119

DecidedDecember 19, 1958

StatusPublished

This text of 14 Misc. 2d 1072 (Metropolitan Funeral Directors Ass'n v. Zebrowski) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Metropolitan Funeral Directors Ass'n v. Zebrowski, 14 Misc. 2d 1072, 181 N.Y.S.2d 278, 1958 N.Y. Misc. LEXIS 2119 (N.Y. Super. Ct. 1958).

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Opinion

George Timer, J.

Motion to dismiss the answer of defendants for failing to pay costs of motion is denied. There is no provision under section 1520 of the Civil Practice Act for the relief requested. The court may not in the present circumstances, on the theory of punishing for a contempt, deny a party the right to defend an action. It may stay all further proceedings, hut it may not deprive the defendants of their right to defend in the event of compliance with the order (cf. Feingold v. Walworth Bros., 238 N. Y. 446).

Cross motion is denied under section 1520 of the Civil Practice Act since all proceedings on part of the party required to pay the costs, except to review or vacate the order, are stayed without further direction of the court until the payment thereof (Schechter v. Lichtenstein, 223 App. Div. 60).

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George Timer, J.

Motion to dismiss the answer of defendants for failing to pay costs of motion is denied. There is no provision under section 1520 of the Civil Practice Act for the relief requested. The court may not in the present circumstances, on the theory of punishing for a contempt, deny a party the right to defend an action. It may stay all further proceedings, hut it may not deprive the defendants of their right to defend in the event of compliance with the order (cf. Feingold v. Walworth Bros., 238 N. Y. 446).

Cross motion is denied under section 1520 of the Civil Practice Act since all proceedings on part of the party required to pay the costs, except to review or vacate the order, are stayed without further direction of the court until the payment thereof (Schechter v. Lichtenstein, 223 App. Div. 60).

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Bluebook (online)

14 Misc. 2d 1072, 181 N.Y.S.2d 278, 1958 N.Y. Misc. LEXIS 2119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-funeral-directors-assn-v-zebrowski-nysupct-1958.

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