From Casetext: Smarter Legal Research

Thau v. Fitzer

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1979
69 A.D.2d 800 (N.Y. App. Div. 1979)

Opinion

April 19, 1979


Petition unanimously granted, order of contempt, entered December 4, 1978, and the sentence imposed on petitioner, vacated, without costs or disbursements. Although the remarks by counsel could be considered provocative, nevertheless, on the record before us, we find insufficient support for the conclusion that petitioner's continued questioning of a witness in the circumstances of the evidentiary issue before the court was either "disorderly", "insolent", or "willful" as required by section 750 Jud. of the Judiciary Law.

Concur — Birns, J.P., Fein, Sandler, Bloom and Lane, JJ.


Summaries of

Thau v. Fitzer

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1979
69 A.D.2d 800 (N.Y. App. Div. 1979)
Case details for

Thau v. Fitzer

Case Details

Full title:In the Matter of ALAN F. THAU, Petitioner, v. NORMAN B. FITZER, Respondent

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

Date published: Apr 19, 1979

Citations

69 A.D.2d 800 (N.Y. App. Div. 1979)