Opinion
June 28, 1943.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, SHALLECK, J.
Louis I. Fabricant for appellant.
Raphael H. Rhodes for respondent.
MEMORANDUM
The court below, having found defendant corporation guilty of contempt, erred in denying the motion to punish its president who knew about the stay of execution and who signed the petition filed in the Federal court.
Order reversed, with ten dollars costs, and motion granted, and matter remitted to the court below for further proceedings.
HAMMER, SHIENTAG and HECHT, JJ., concur.