Lederer v. Lederer
New York Supreme Court
Motion to vacate an order to show cause.
1Opinion of the CourtBlanchard, J.
I have considered the opinion rendered by Mr. Justice Clarke in denying the motion to vacate the order to show cause and concur in the views there expressed. Moreover, I am of the opinion that since the Code of Civil Procedure makes no specific provision as to the method in which the order to show cause shall be served, the usual method of service of papers upon an attorney in an action should prevail. This view seems to be fortified by the terms of section 2273 of the Code, which provides that the order to show cause in contempt proceedings is equivalent to a notice of motion. There can be…
2Cases cited1 opinion
- Galt v. Provident Savings BankNew York Supreme Court · 1886