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Matter of Auerbach v. Olesh

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 415 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Nassau County (Winick, J.).


Ordered that the order is affirmed, with one bill of costs payable to the respondents.

The Supreme Court improperly denied as academic the petitioner's motion to hold the respondent and his former attorney in contempt of court. However, the motion was properly denied (see, Educational Reading Aids Corp. v. Young, 175 A.D.2d 152). The record reveals that the respondent and his former attorney did not disobey a subpoena when the respondent failed to appear at depositions on the September 8, 1994, and October 12, 1994, since the court had adjourned those depositions. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Matter of Auerbach v. Olesh

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 415 (N.Y. App. Div. 1996)
Case details for

Matter of Auerbach v. Olesh

Case Details

Full title:In the Matter of RONNI AUERBACH, Appellant, v. ALVIN OLESH et al.…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 415 (N.Y. App. Div. 1996)
637 N.Y.S.2d 475