Rossi v. Shapiro

Appellate Terms of the Supreme Court of New York

Rossi v. Shapiro

146 Misc. 376, 262 N.Y.S. 94, 1933 N.Y. Misc. LEXIS 1470

Appellate Terms of the Supreme Court of New York·Decided January 17, 1933·Published

Opinion

Per Curiam.

The appellant was not guilty of a “ misbehavior in his office or trust ” or of a “ violation of duty therein,” within the meaning of subdivision 1 of section 753 of the Judiciary Law, when he stored the car in a public garage after having taken the precautions revealed by the record. (Depew v. Solomonowitz, 48 App. Div. 512, 514.) Nor can he be charged with a willful disobedience of the court’s mandate, since his inability to return the car was not the result of a contumacious act.

Order reversed, with ten dollars costs, and motion denied.

All concur; present, Lydon, Frankenthaler and Untermyer, JJ.

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Per Curiam.

The appellant was not guilty of a “ misbehavior in his office or trust ” or of a “ violation of duty therein,” within the meaning of subdivision 1 of section 753 of the Judiciary Law, when he stored the car in a public garage after having taken the precautions revealed by the record. (Depew v. Solomonowitz, 48 App. Div. 512, 514.) Nor can he be charged with a willful disobedience of the court’s mandate, since his inability to return the car was not the result of a contumacious act.

Order reversed, with ten dollars costs, and motion denied.

All concur; present, Lydon, Frankenthaler and Untermyer, JJ.

Rossi v. Shapiro, 146 Misc. 376, 262 N.Y.S. 94, 1933 N.Y. Misc. LEXIS 1470 (N.Y. Ct. App. 1933).

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Opinion

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