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

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1996·Published·Cited by 5 cases

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.

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).

Pincite

225 A.D.2d 733 (Italian American Civic Ass'n of Mineola, N. Y., Inc. v. Cataldo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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