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NAPOLI v. SHINER REALTY CORP.

48 A.D.2d 704 (1975)

Nate Napoli et al., Plaintiffs, v. Shiner Realty Corp. et al., Defendants, and Teddy Pindus et al., Appellants. Manny Cohen, Respondent

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

May 27, 1975

Order reversed, without costs, and action remanded to Special Term for the taking of further testimony and the making of a new determination.

At the conclusion of plaintiffs' evidence, appellants moved to dismiss the contempt petition. Their motion was denied. Thereupon, they sought to call their witnesses, but the trial court refused to hear them; it adjudged appellants in contempt of the prior order without the benefit of further testimony. Appellants were thereby...

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