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RODIN v. SMITH

281 A.D. 790 (1953)

Irving Rodin, Respondent, v. Myron J. Smith, Appellant

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

January 26, 1953.

The plaintiff had been found guilty of contempt of court for having willfully failed to appear for examination before trial. The order remitting the fine was well within the discretionary power of the Special Term and we find no abuse in the exercise of its discretion. The examination should proceed at a time and place to be specified in the order to be entered herein.

Order appealed from unanimously affirmed, with $10 costs...

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