Legal Opinion

Fass & Wolper, Inc. v. Burns

New York Supreme Court

Decided October 15, 1941PublishedCited by 4 opinions

1Opinion of the CourtBen venga, J.

This is a motion to punish the defendant Burns and his attorney for contempt of court.

It appears that, after the rendition of a verdict for plaintiff, counsel for defendant Burns, in his presence, requested the usual thirty days’ stay of execution' and sixty days to make a case. The motion was granted without objection and without the imposition of any express condition. Thereafter, defendant made an assigniment for the benefit of creditors. The question is whether, under *431the circumstances, the making of the assigmnent constitutes a contempt of court.

It is well settled that, although a…

2Cases cited4 opinions

  1. Lineker v. DillonDistrict Court, N.D. California · 1921
  2. Silverman v. Seneca Realty Co.New York Supreme Court · 1934
  3. Advance Piece Dye Works, Inc. v. ZellerCity of New York Municipal Court · 1934
  4. Dailey v. GroehnertAppellate Terms of the Supreme Court of New York · 1934

3Cited by4 opinions

  1. Kalish v. LindsayAppellate Division of the Supreme Court of the State of New York · 2008
  2. Hunter v. National Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1948
  3. Cornell v. T. V. Development Corp.New York Supreme Court · 1966
  4. Bono Sawdust Supply Co. v. Hahn & GolinAppellate Division of the Supreme Court of the State of New York · 1957

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