LOEW'S THEATRE & REALTY CORP. v. 105 SECOND AVE. ENTERS., INC.


31 A.D.2d 628 (1968)

Loew's Theatre & Realty Corporation, Plaintiff, v. 105 Second Avenue Enterprises, Inc., et al., Defendants. Bebe Theatrical Corp. et al., Appellants, and Herman Koenigsberg, as Receiver, Respondent

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

December 19, 1968


Order, entered on July 5, 1968 and resettled order entered on August 30, 1968, granting respondent-receiver's motion to punish the corporate-appellant for contempt, unanimously reversed, on the law, and motion denied, without costs or disbursements to any party.

The original moving papers were factually insufficient to support an adjudication of contempt. The Receiver failed to demonstrate therein that appellants' "failure to obey the prior order * * * `was calculated...

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