Regina Corp. v. Troy Industries, Inc.

Appellate Division of the Supreme Court of New York

Regina Corp. v. Troy Industries, Inc.

9 A.D.2d 929, 196 N.Y.S.2d 564, 1959 N.Y. App. Div. LEXIS 5381

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

DecidedDecember 28, 1959

StatusPublished

This text of 9 A.D.2d 929 (Regina Corp. v. Troy Industries, Inc.) 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

Regina Corp. v. Troy Industries, Inc., 9 A.D.2d 929, 196 N.Y.S.2d 564, 1959 N.Y. App. Div. LEXIS 5381 (N.Y. Ct. App. 1959).

Pincite

Opinion

In a proceeding pursuant to section 964 of the Penal Law, the appeal is from an order which (1) denied appellant’s cross motion to vacate and set aside a restraining order entered on appellant’s default in appearing and answering, and to permit it to answer the petition on the merits, and (2) granted respondent’s motion to punish appellant for contempt for failure to comply with the restraining order to the extent of designating an Official Referee to hear and report as to appellant’s contempt and respondent’s pecuniary loss or injury arising therefrom. The Special Term held that appellant’s default was willful and intentional and that appellant made no factual showing of a meritorious defense. Appeal from order insofar as it provided for the designation of an Official Referee to hear and report dismissed, without costs. No appeal lies from an order of reference to hear and report (Ambassador Realty Co., v. Nicolay, 1 A D 2d 972; Appelbaum v. Perlmutter, 2 A D 2d 894, 895). Order insofar as it denied appellant’s cross motion affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldock, Hallinan and Kleinfeld, JJ., concur; Murphy, J. deceased.

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In a proceeding pursuant to section 964 of the Penal Law, the appeal is from an order which (1) denied appellant’s cross motion to vacate and set aside a restraining order entered on appellant’s default in appearing and answering, and to permit it to answer the petition on the merits, and (2) granted respondent’s motion to punish appellant for contempt for failure to comply with the restraining order to the extent of designating an Official Referee to hear and report as to appellant’s contempt and respondent’s pecuniary loss or injury arising therefrom. The Special Term held that appellant’s default was willful and intentional and that appellant made no factual showing of a meritorious defense. Appeal from order insofar as it provided for the designation of an Official Referee to hear and report dismissed, without costs. No appeal lies from an order of reference to hear and report (Ambassador Realty Co., v. Nicolay, 1 A D 2d 972; Appelbaum v. Perlmutter, 2 A D 2d 894, 895). Order insofar as it denied appellant’s cross motion affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldock, Hallinan and Kleinfeld, JJ., concur; Murphy, J. deceased.

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Bluebook (online)

9 A.D.2d 929, 196 N.Y.S.2d 564, 1959 N.Y. App. Div. LEXIS 5381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regina-corp-v-troy-industries-inc-nyappdiv-1959.