MATTER OF NELSON v. NATIONWIDE MEASURING SERV., INC.


59 A.D.2d 717 (1977)

In the Matter of Arnold Nelson, Respondent, v. Nationwide Measuring Service, Inc., et al., Appellants, et al., Respondent

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

October 11, 1977


Order affirmed, with $50 costs and disbursements.

This appeal involves a contempt proceeding commenced by notice of motion. The proceeding was commenced under former section 757 of the Judiciary Law. That section contained the requirement that an application to punish for contempt be commenced by an order to show cause. A primary issue on appeal is whether this requirement is jurisdictional, or whether the procedural defect may be waived. The modern view is to treat...

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