Appellate Division of the Supreme Court of New York, 1937

American Fur Liners Contractors Ass'n v. Lucchi

American Fur Liners Contractors Ass'n v. Lucchi
Appellate Division of the Supreme Court of New York · Decided February 5, 1937
249 A.D. 513; 293 N.Y.S. 1; 1937 N.Y. App. Div. LEXIS 9633

Counsel

Louis B. Boudin, for the appellants., Irving Schneider, for the respondent.

American Fur Liners Contractors Ass'n v. Lucchi

Opinion of the Court

Per Curiam.

We are of opinion that section 882-a of the Civil Practice Act does not, under ordinary circumstances, contemplate the framing of issues to be submitted to the jury in a proceeding to punish for contempt. Since, however, the appellants themselves objected to proceeding to trial unless issues were framed, they are not in a position to object upon that ground. We think the issues as framed are sufficient to present the questions to be decided

The order so far as appealed from should be affirmed, with twenty dollars costs and disbursements.

Present — Martin, P. J., O’Malley, Townley, Untermyer and Cohn, JJ.

Order so far as appealed from unanimously affirmed, with twenty dollars costs and disbursements.

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