Callahan v. Wagner

Appellate Division of the Supreme Court of New York

Callahan v. Wagner

148 A.D.2d 565, 540 N.Y.S.2d 189, 1989 N.Y. App. Div. LEXIS 3883

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 1989

StatusPublished

This text of 148 A.D.2d 565 (Callahan v. Wagner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Callahan v. Wagner, 148 A.D.2d 565, 540 N.Y.S.2d 189, 1989 N.Y. App. Div. LEXIS 3883 (N.Y. Ct. App. 1989).

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Opinion

In an action to enjoin the defendant Roberta Nolan from maintaining a trailer on her real property, Nolan appeals from an order of the Supreme Court, Orange County (Ritter, J.), dated December 17, 1987, which, inter alia, granted the plaintiffs’ motion to hold her in contempt for her failure to comply with a judgment of the same court entered October 28, 1986, requiring her to remove the trailer from her property, and denied her cross motion seeking relief from the judgment pursuant to CPLR 5015 (a).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the appellant has not set forth any newly discovered evidence to warrant relief (CPLR 5015 [a]; Siegel, NY Prac § 428; Matter of Commercial Structures v City of Syracuse, 97 AD2d 965; Cizler v Cizler, 19 AD2d 819).

We have examined the parties’ remaining contentions and find them to be without merit. Eiber, J. P., Kooper, Sullivan and Harwood, JJ., concur.

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In an action to enjoin the defendant Roberta Nolan from maintaining a trailer on her real property, Nolan appeals from an order of the Supreme Court, Orange County (Ritter, J.), dated December 17, 1987, which, inter alia, granted the plaintiffs’ motion to hold her in contempt for her failure to comply with a judgment of the same court entered October 28, 1986, requiring her to remove the trailer from her property, and denied her cross motion seeking relief from the judgment pursuant to CPLR 5015 (a).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the appellant has not set forth any newly discovered evidence to warrant relief (CPLR 5015 [a]; Siegel, NY Prac § 428; Matter of Commercial Structures v City of Syracuse, 97 AD2d 965; Cizler v Cizler, 19 AD2d 819).

We have examined the parties’ remaining contentions and find them to be without merit. Eiber, J. P., Kooper, Sullivan and Harwood, JJ., concur.

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Bluebook (online)

148 A.D.2d 565, 540 N.Y.S.2d 189, 1989 N.Y. App. Div. LEXIS 3883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callahan-v-wagner-nyappdiv-1989.

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