Peerless Coat & Apron Supply Co. v. Commercial Coat & Apron Supply Co.

Appellate Division of the Supreme Court of New York

Peerless Coat & Apron Supply Co. v. Commercial Coat & Apron Supply Co.

257 A.D. 845, 12 N.Y.S.2d 214, 1939 N.Y. App. Div. LEXIS 8123

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1939·Published

Opinion

Order denying appellant’s motion to punish a witness for contempt for failure to obey a subpoena reversed on the law and the facts, with ten dollars costs and disbursements payable by respondents, and the motion granted, without costs. The witness is in contempt but may purge himself thereof by his appearance for examination at a time to be fixed in the order to be entered hereon. Order granting respondents’ motion to vacate the subpoena and notice of examination reversed on the law and the facts, without costs, and the motion denied, without costs. The witness was not free to disregard the subpoena. The papers on appeal indicate that substantial grounds for examination exist. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur. Settle order on notice.

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

Order denying appellant’s motion to punish a witness for contempt for failure to obey a subpoena reversed on the law and the facts, with ten dollars costs and disbursements payable by respondents, and the motion granted, without costs. The witness is in contempt but may purge himself thereof by his appearance for examination at a time to be fixed in the order to be entered hereon. Order granting respondents’ motion to vacate the subpoena and notice of examination reversed on the law and the facts, without costs, and the motion denied, without costs. The witness was not free to disregard the subpoena. The papers on appeal indicate that substantial grounds for examination exist. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur. Settle order on notice.

Peerless Coat & Apron Supply Co. v. Commercial Coat & Apron Supply Co., 257 A.D. 845, 12 N.Y.S.2d 214, 1939 N.Y. App. Div. LEXIS 8123 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 845 (Peerless Coat & Apron Supply Co. v. Commercial Coat & Apron Supply Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.