Dollard v. Koronsky

Bijur, J. (dissenting).

It does not seem to be open to doubt that appellant deliberately disabled himself to meet the obligation of his undertaking. The only question is whether this conduct, initiated six months after the giving of the undertaking, constituted a civil contempt of court.

It was not a “ disobedience to a lawful mandate of the court ” by u a party to the action or other person,” in the language of subdivision 3, section 753 of the Judiciary Law; but, under the decisions, I think that it was “ an unlawful interference with the proceedings ” in an action for which, xmder…