Opinion
January 17, 1933.
Appeal from the Municipal Court, Borough of Bronx, Second District.
Vernal J. Williams, for appellant Kurtz.
Arnstein Levine [ Sidney S. Levine of counsel], for the respondents.
The appellant was not guilty of a "misbehavior in his office or trust" or of a "violation of duty therein," within the meaning of subdivision 1 of section 753 Jud. of the Judiciary Law, when he stored the car in a public garage after having taken the precautions revealed by the record. ( Depew v. Solomonowitz, 48 A.D. 512, 514.) Nor can he be charged with a willful disobedience of the court's mandate, since his inability to return the car was not the result of a contumacious act.
Order reversed, with ten dollars costs, and motion denied.
All concur; present, LYDON, FRANKENTHALER and UNTERMYER, JJ.