White v. White , 38 N.Y.S.2d 382 ( 1942 )

It appears without contradiction that the plaintiff failed to comply with the conditions imposed by an order dated April 30, 1942, and in that circumstance there should be no adjudication of contempt for the failure of the defendant to comply with other conditions in said order. In view of this determination it is unnecessary to decide the appeal from the order denying the defendant’s motion to vacate the order to show cause. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.