Italian American Civic Ass'n of Mineola, N. Y., Inc. v. Cataldo

Appellate Division of the Supreme Court of New York

Italian American Civic Ass'n of Mineola, N. Y., Inc. v. Cataldo

225 A.D.2d 733, 639 N.Y.2d 944, 639 N.Y.S.2d 944, 1996 N.Y. App. Div. LEXIS 3140

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

DecidedMarch 25, 1996

StatusPublished

Cited by5 cases

This text of 225 A.D.2d 733 (Italian American Civic Ass'n of Mineola, N. Y., Inc. v. Cataldo) 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.

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Italian American Civic Ass'n of Mineola, N. Y., Inc. v. Cataldo, 225 A.D.2d 733, 639 N.Y.2d 944, 639 N.Y.S.2d 944, 1996 N.Y. App. Div. LEXIS 3140 (N.Y. Ct. App. 1996).

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Opinion

The evidence in the record establishes that the defendant is guilty of civil contempt of court (see, McCain v Dinkins, 84 NY2d 216, 226). Since willfulness is not an element of civil [734]*734contempt (see, Walter Doors v Greenberg, 151 AD2d 550), the defendant’s purported lack of willfulness is not determinative of the matter.

The record on appeal is insufficient to resolve the defendant’s contention that the judgment improperly awarded the plaintiff costs and disbursements. Accordingly, the defendant’s remedy is to move in the trial court to resettle the judgment with respect to costs and disbursements (see, Matter of Kaplan v Werlin, 215 AD2d 387, 388).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., O’Brien, Ritter and Goldstein, JJ., concur.

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The evidence in the record establishes that the defendant is guilty of civil contempt of court (see, McCain v Dinkins, 84 NY2d 216, 226). Since willfulness is not an element of civil [734]*734contempt (see, Walter Doors v Greenberg, 151 AD2d 550), the defendant’s purported lack of willfulness is not determinative of the matter.

The record on appeal is insufficient to resolve the defendant’s contention that the judgment improperly awarded the plaintiff costs and disbursements. Accordingly, the defendant’s remedy is to move in the trial court to resettle the judgment with respect to costs and disbursements (see, Matter of Kaplan v Werlin, 215 AD2d 387, 388).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., O’Brien, Ritter and Goldstein, JJ., concur.

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Bluebook (online)

225 A.D.2d 733, 639 N.Y.2d 944, 639 N.Y.S.2d 944, 1996 N.Y. App. Div. LEXIS 3140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/italian-american-civic-assn-of-mineola-n-y-inc-v-cataldo-nyappdiv-1996.

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