Appellate Terms of the Supreme Court of New York, 1934

Dailey v. Groehnert

Appellate Terms of the Supreme Court of New York · Decided October 31, 1934 · Callahan, Lydon, Shientag

153 Misc. 427; 275 N.Y.S. 257; 1934 N.Y. Misc. LEXIS 1780

Counsel

Herman C. Emer, for the appellant., William J. Scanlon [Edward I. Becker of counsel], for the respondent.

Opinion of the Court

Per Curiam.

A defendant may not be punished for contempt of court under section 753 of the Judiciary Law for the transfer of his assets during the pendency of a stay which was not sought by him and which was not obtained by any false promise to preserve the status.

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Lydon, Callahan and Shientag, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.