
    In the Matter of the Proceedings to Have Herbert P. Brush Punished as and for a Civil Contempt of Court for Failure to Comply with the Order Made in the Action of Louis Landsman, Plaintiff, v. Third Avenue Railway Company, Defendant. Herbert P. Brush, Appellant; Hon. Arthur P. McNulty, Justice of the Municipal Court of the City of New York, and Another, Respondents.
    Supreme Court, Appellate Term, First Department,
    April 23, 1938.
    
      Alfred T. Davison, for the appellant.
    
      John J. Bennett, Jr., Attorney-General [Robert P. Beyer, Assistant Attorney-General], for the respondents.
   Per Curiam.

The order adjudges appellant guilty of a civil contempt but fails to adjudicate that his conduct impaired, impeded or prejudiced plaintiff’s rights or remedies. (Judiciary Law, § 753.) Order reversed and proceeding dismissed.

All concur. Present — Lydon, Frankenthaler and ShienTAG. JJ.  