Hyman Goldman Plumbing & Heating Corp. v. Nesbit

Untermyer, J. (dissenting).

I dissent and vote to reverse the determination of the Appellate Term upon the ground that, regardless of other questions, the proceedings which resulted in the order appealed from were conducted in violation of section 757 of the Judiciary Law and provisions of the Municipal Court Code. Section 750 of the Judiciary Law provides that “ a court of record ” has power to punish for a criminal contempt a person guilty of the acts therein specified. This is amplified by section 755, which provides for summary punishment by “ the court, judge, or referee ” where the…