Rossi v. Shapiro

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

• Court: Appellate Terms of the Supreme Court of New York
• Decided: January 17, 1933
• Status: 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.