Legal Opinion · Dissent

Dollard v. Koronsky

Appellate Terms of the Supreme Court of New York

Decided March 21, 1910Published

Appeal from City Court of New York, Special Term. Action by Albert H. Dollard against Benjamin Koronsky and another, doing business under the firm name of B. Koronsky & Son. From an order of the City Court of the City of New York (64 Mise. Rep. 611, 118 N. Y.' Supp. 922) adjudging Max E. Bloch guilty of contempt of court, he appeals.

1Dissent

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 “a party to the action or other person,” in the language of subdivision 3, § 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, under subdivision 4, any…

2Cases cited6 opinions

  1. Wilson v. AllenNew York Supreme Court · 1849
  2. Lawrence v. HarringtonNew York Supreme Court · 1892
  3. In re Hay Foundry & Iron WorksAppellate Division of the Supreme Court of the State of New York · 1897
  4. In re HopperNew York Court of Common Pleas · 1894
  5. Nuccio v. PortoAppellate Division of the Supreme Court of the State of New York · 1902

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