EISENBERG v. RODLESS DECORATIONS, INC.


278 A.D. 752 (1951)

Manny Eisenberg, Individually and as a Stockholder of Rodless Decorations, Inc., Suing for Himself and All Those Similarly Situated, Respondent, v. Rodless Decorations, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 2, 1951.


On the state of facts disclosed, defendants were not guilty of a willful contempt of court and should not have been held in contempt or their answers stricken out on the conditions stated. A serious question was raised, supported by a verified statement of defendants' physician, as to the ability of defendant Charles Druck to appear at the times in question for the examination without danger to his health.

Order unanimously reversed, with $10 costs and disbursements...

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