Swezey v. Village of Batavia — 191 N.Y. 499

Majority

p. 499

Hiram Swezey, Respondent, v. The Village of Batavia, Appellant.

Headnote

Swezey v. Village of Batavia, 121 App. Div. 926 , affirmed.

(Argued January 8, 1908;

decided January 28, 1908.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial depart

p. 500

ment, entered October 4, 1907, which affirmed an order of Special Term adjudging the defendant guilty of contempt of court and imposing a fine therefor.

The following question was certified: “ Did the defendant refuse or willfully neglect to comply with the judgment rendered in this action ? ”

Myron H. Peck for appellant.

Henry W. Conklin for respondent.

Order affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Cullen, Oh. J., Gray, Yann, Werner, Willard Bartlett, Hiscook and Chase, JJ.