National Carbon Co. v. Beebe
This text of 275 A.D.2d 1068 (National Carbon Co. v. Beebe) 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.
Opinion
Memorandum: The proceeding is [1069]*1069a special proceeding in a civil action. (People ex rel. Negus v. Dwyer, 90 N. Y. 402; Eastern Concrete Steel Co. v. Bricklayers’ & Plasterers’ Int. Union, Local No. 45, 200 App. Div. 714; Matter of Hanbury, 160 App. Div. 662; People ex rel. Supreme Court v. Albertson, 242 App. Div. 450; Matter of Douglas v. Adel, 269 N. Y. 144.) The Trial Justice properly charged the jury that a verdict of not less than five sixths of the jurymen constituting the jury, would constitute the verdict of the jury. (Civ. Prac. Act, § 463-a.) We have considered the other points raised by the appellants and find no error. All concur. (The order convicts defendants of criminal contempt of court.) Present — Taylor, P. J., McCum, Love, Kimball and Piper, JJ.
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275 A.D.2d 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-carbon-co-v-beebe-nyappdiv-1949.