White v. White

Appellate Division of the Supreme Court of New York

White v. White

265 A.D. 942, 38 N.Y.S.2d 382, 1942 N.Y. App. Div. LEXIS 6664

Procedural entryThis page is a short order in White v. White. Read the opinion of the Court — 263 A.D. 744 →

Appellate Division of the Supreme Court of the State of New York·Decided December 7, 1942·Published

Opinion

It appears without contradiction that the plaintiff failed to comply with the conditions imposed by an order dated April 30, 1942, and in that circumstance there should be no adjudication of contempt for the failure of the defendant to comply with other conditions in said order. In view of this determination it is unnecessary to decide the appeal from the order denying the defendant’s motion to vacate the order to show cause. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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It appears without contradiction that the plaintiff failed to comply with the conditions imposed by an order dated April 30, 1942, and in that circumstance there should be no adjudication of contempt for the failure of the defendant to comply with other conditions in said order. In view of this determination it is unnecessary to decide the appeal from the order denying the defendant’s motion to vacate the order to show cause. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

White v. White, 265 A.D. 942, 38 N.Y.S.2d 382, 1942 N.Y. App. Div. LEXIS 6664 (N.Y. Ct. App. 1942).

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