White v. White

Resettled order dated October 28, 1939, granting plaintiff’s motion to adjudge defendant in contempt of court for failure to make certain alimony payments, reversed on the law and the facts, without costs, and motion denied, without costs. Under the undisputed facts herein, this order was granted as the result of the improper exercise of the court’s discretion. Appeal from order dated September 30, 1939, dismissed, without costs. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.