Thau v. Fitzer

Appellate Division of the Supreme Court of New York

Thau v. Fitzer

69 A.D.2d 800, 415 N.Y.S.2d 430, 1979 N.Y. App. Div. LEXIS 11436

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

DecidedApril 19, 1979

StatusPublished

This text of 69 A.D.2d 800 (Thau v. Fitzer) 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

Thau v. Fitzer, 69 A.D.2d 800, 415 N.Y.S.2d 430, 1979 N.Y. App. Div. LEXIS 11436 (N.Y. Ct. App. 1979).

Pincite

Opinion

Petition unanimously granted, order of contempt, entered December 4, 1978, and the sentence imposed on petitioner, vacated, without costs or disbursements. Although the remarks by counsel could be considered provocative, nevertheless, on the record before us, we find insufficient support for the conclusion that petitioner’s continued questioning of a witness in the circumstances of the evidentiary issue before the court was either "disorderly”, "insolent”, or "willful” as required by section 750 of the Judiciary Law. Concur—Birns, J. P., Fein, Sandler, Bloom and Lane, JJ.

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

Petition unanimously granted, order of contempt, entered December 4, 1978, and the sentence imposed on petitioner, vacated, without costs or disbursements. Although the remarks by counsel could be considered provocative, nevertheless, on the record before us, we find insufficient support for the conclusion that petitioner’s continued questioning of a witness in the circumstances of the evidentiary issue before the court was either "disorderly”, "insolent”, or "willful” as required by section 750 of the Judiciary Law. Concur—Birns, J. P., Fein, Sandler, Bloom and Lane, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

69 A.D.2d 800, 415 N.Y.S.2d 430, 1979 N.Y. App. Div. LEXIS 11436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thau-v-fitzer-nyappdiv-1979.