New York Lawyers' Assn. v. Dacey

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: All concur, except SCILEPPI
• Citation: New York Lawyers' Assn. v. Dacey, 287 N.Y.S.2d 422, 21 N.Y.2d 694, 234 N.E.2d 459 (N.Y. 1967)
• Decision Date: 29 December 1967
• Parties: , 234 N.E.2d 459 In the Matter of the Petition of NEW YORK COUNTY LAWYERS' ASSOCIATION, Respondent, v. Norman F. DACEY, et al., Appellants.

Page 422

287 N.Y.S.2d 422

21 N.Y.2d 694, 234 N.E.2d 459

In the Matter of the Petition of NEW YORK COUNTY LAWYERS' ASSOCIATION, Respondent, v. Norman F. DACEY, et al., Appellants.

Court of Appeals of New York.

Dec. 29, 1967.

Appeal from Supreme Court, Appellate Division, First Department, 28 A.D.2d 161, 283 N.Y.S.2d 984.

Daniel M. Shientag, New York City, for petitioner respondent.

Arthur Stephen Penn, New York City, for respondents-appellants, Norman F. Dacey and Norman F. Dacey doing business as National Estate Planning Council.

Satterlee, Warfield & Stephens, New York City, for respondents-appellants, Crown Publishers, Inc., Doubleday & Company, Inc. and Brentano's Inc.

Proceeding was brought by New York County Lawyers' Association against author of book entitled 'How to Avoid Probate!', and the publishers, distributors, and sellers of the book pursuant to the Judiciary Law, Consol.Laws, c. 30, § 750, subd. B, to punish them for contempt and for an injunction for the unlawful practice of law.

The Supreme Court, Special Term, New York County, 54 Misc.2d 564, 282 N.Y.S.2d 985, entered a judgment adjudging the author guilty of criminal contempt because of the allegedly unlawful practice of law, fining him, and granting an injunction against him and the publishers, distributors, and sellers of the book.

The Appellate Division, 28 A.D.2d 161, 283 N.Y.S.2d 984, by a divided court, entered an order November 15, 1967 which affirmed the judgment as to the author and modified the judgment, on the law, as to the publishers, distributors, and sellers by limiting injunction granted against the publishers, distributors and sellers so as to restrain from the publication, distribution and sale in New York, and from advertising or soliciting purchases of the book in New York. Stevens, J.,...