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Stone v. 434 Broadway Realty Corp.

196 A.D. 882 Court N.Y. App. Div. English

Contents

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p. 882
Nathan H. Stone and Max Schleimer, Appellants, v. 434 Broadway Realty Corporation, Respondent.

Headnote

Orders — contempt — mistake in order.
Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office on the 18th day of January, 1921.

The order to show cause asked for punishment for contempt of the president and secretary of the defendant for disobeying an order theretofore made by the court. By inadvertence the order appealed from was made to read, “ this motion for an injunction is denied.” Upon the record it is quite evident that the court below intended to deny the motion to punish for contempt. Treating it as such, the order is affirmed, with ten dollars'costs and disbursements. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Order affirmed, with ten dollars costs and disbursements.