268 A.D. 1053 | N.Y. App. Div. | 1945
Appeal by Sanford H. E. Freund from an order dated October 24, 1944, granting his motion for reargument of a motion to vacate an order dated August 16, 1944, and upon said reargument adhering to the original denial of the motion to vacate. Order insofar as appealed from, affirmed, with ten dollars costs and disbursements. No opinion. Close, P. J., Hagarty, Carswell, Johnston and Aldrich, JJ., concur. Appeal by Sanford H. E. Freund from an order dated October 27,1944, resettling an order dated October 24, 1944, adjudging him guilty of contempt of court and providing punishment therefor. Order affirmed, with ten dollars costs and disbursements. No request was made for the taking of oral testimony. The right was therefore waived. (Matter of Westminster Realty Corporation, 123 App. Div. 797.) The decisive facts were for the most part undisputed, and the affidavits furnished an ample basis for the determination had herein. Hagarty, Carswell and Johnston, JJ., concur; Close, P. J., and Aldrich, J., dissent, with the following memorandum: Appellant has been adjudged guilty of a contempt “ in that he harbored in his home the children of the plaintiff and the defendant when defendant was entitled to their possession,” with knowledge of the existence of the court orders and with the further knowledge that the plaintiff was violating the said orders. The fact that the children were permitted to remain in the home after October 3, 1943, continuously down to the time when the contempt order was granted, is conceded in the record. The appellant, however, in his