Novick v. Duckor — 236 N.Y. 644

Majority

p. 644

Philip Novick, as Trustee in Bankruptcy of the Capital Lamp and Shade Company, Appellant, v. Carl S. Duckor, Respondent, Impleaded with Another.

Headnote

Appeal — order of Appellate Division reversing order adjudging defendant guilty of contempt — appeal without permission dismissed.

Novick v. Duckor, 206 App. Div. 626 , appeal dismissed.

(Argued October 1, 1923;

decided October 9, 1923.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 9, 1923, which reversed an order of Special Term adjudging the respondent herein in contempt of court.

The motion was made upon the ground that the order was merely an order in the action and that permission to appeal had not been obtained.

Milton C. Weisman for motion.

David Haar opposed.

p. 645

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.