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Rudnick v. Jacobson

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1954
284 App. Div. 1064 (N.Y. App. Div. 1954)

Opinion

December 27, 1954.


Plaintiffs appeal from an order which denied a motion to punish the defendants for violating an oral decision restraining picketing in an action for an injunction. Order reversed, without costs, and matter remitted to Special Term for reconsideration. The apparent reason given by Special Term for denying the motion was that contempt proceedings do not lie for violation of an oral decision. Reliance for the denial was placed on Matter of People ex rel. Donnelly v. Miller ( 213 App. Div. 88). What was said in the opinion in that case as to the necessity for a written mandate was dicta. The opinion states no determination, oral or written, had been made at the time the act sought to be punished was committed. From an early date persons who heard or were apprised of oral decisions and violated their provisions have been held liable to contempt proceedings. ( Bartholomay Brewery Co. v. O'Brien, 172 App. Div. 784, affd. 220 N.Y. 587; Miller v. Smerkias, 243 App. Div. 780; Matter of Belanoff v. Belanoff, 277 App. Div. 1056, 1057; People ex rel. Platt v. Rice, 144 N.Y. 249; Silverman v. Seneca Realty Co., 154 Misc. 35.) Adel, Acting P.J., Wenzel, MacCrate, Beldock and Murphy, JJ., concur.


Summaries of

Rudnick v. Jacobson

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1954
284 App. Div. 1064 (N.Y. App. Div. 1954)
Case details for

Rudnick v. Jacobson

Case Details

Full title:DAVID RUDNICK et al., Copartners Doing Business under the Name of GANWEST…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 27, 1954

Citations

284 App. Div. 1064 (N.Y. App. Div. 1954)

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