Zirn v. Bradley

New York Court of Appeals

Zirn v. Bradley

31 N.E.2d 43, 284 N.Y. 321, 1940 N.Y. LEXIS 831

CourtNew York Court of Appeals

DecidedDecember 4, 1940

StatusPublished

Cited by3 cases

This text of 31 N.E.2d 43 (Zirn v. Bradley) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zirn v. Bradley, 31 N.E.2d 43, 284 N.Y. 321, 1940 N.Y. LEXIS 831 (N.Y. 1940).

Pincite

Opinion

*323 Per Curiam.

Plaintiff was found guilty of contempt of court and judgment entered dismissing Ms complaint. TMs was a final order. Neither the court at Special Term, nor the official referee, made any order of which the provisions were violated by plaintiff. The official referee properly refused to make such an order since he was presiding at an examination before trial and not trying any issues in a motion, action or proceeding referred to him under section 117 of the Judiciary Law (Cons. Laws, ch. 30).

The judgment of the Appellate Division should be reversed and the order of the Special Term affirmed, with costs in this court and in the Appellate Division.

The motion to dismiss the appeal should be denied.

Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ., concur.

Judgment accordingly.

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