Even though the orders appealed from concern a failure to answer interrogatories relating to a complaint that was subsequently dismissed, the fact is that defendant willfully disobeyed three lawful mandates of the court. Not having obtained a stay, she was obligated to obey the orders until vacated or reversed on appeal. (9 N. Y. Jur., Contempt, § 28.) The fact that she had an appeal pending is no excuse for her failure to obey. (Matter of Cost,
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BURCHELL v. CIMENTI
38 A.D.2d 897 (1972)
Raymond A. Burchell, Respondent, v. Margaret Cimenti, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 2, 1972
March 2, 1972
Appellate Division of the Supreme Court of the State of New York, First Department.
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