Appellate Division of the Supreme Court of New York, 1948

Louisiana Construction Corp. v. Cortland Bay Shore Corp.

Louisiana Construction Corp. v. Cortland Bay Shore Corp.
Appellate Division of the Supreme Court of New York · Decided June 21, 1948
274 A.D. 813; 79 N.Y.S.2d 800; 1948 N.Y. App. Div. LEXIS 3474
Louisiana Construction Corp. v. Cortland Bay Shore Corp.

Opinion of the Court

Order denying plaintiff's motion to renew and/or reargue motion to punish the respondent and its president for contempt for failing to comply with a judgment of specific performance, reversed on the law, without costs, and without prejudice to appellant making another application for the same relief, if so advised. In the absence of express consent, the Justice was without power to hear the motion or to make the order. (N. Y. Const., art. VI, § 2.) The order, therefore, is a nullity. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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