Loew's Theatre & Realty Corp. v. 105 Second Avenue Enterprises, Inc.

Order, entered on July 5, 1968 and resettled order entered on August 30, 1968, granting respondent-receiver’s motion to punish the corporate-appellant for contempt, unanimously reversed, on .the law, ■ and motion denied, without costs or disbursements to any party. The original moving papers were factually insufficient to support an adjudication of contempt. The Receiver failed to demonstrate therein that -appellants’ “ failure to obey the prior order * * * ‘was calculated to, or actually did, defeat, impair, impede -or prejudice the [receiver’s] rights or remedies’ (Judiciary Law, § 770).…