Marshall v. Pappas

Appellate Division of the Supreme Court of New York

Marshall v. Pappas

139 A.D.2d 499, 526 N.Y.S.2d 803, 1988 N.Y. App. Div. LEXIS 3724

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

DecidedApril 4, 1988

StatusPublished

This text of 139 A.D.2d 499 (Marshall v. Pappas) 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

Marshall v. Pappas, 139 A.D.2d 499, 526 N.Y.S.2d 803, 1988 N.Y. App. Div. LEXIS 3724 (N.Y. Ct. App. 1988).

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Opinion

— In an action seeking, inter alia, an equitable accounting upon the dissolution of a law partnership, the defendant Dennis J. Pappas appeals from (1) an order of the Supreme Court, Nassau County (Kelly, J.), dated October 1, 1986, which adjudicated him to be in contempt of court and imposed a fine of $7,234.43 and (2) an order of the same court dated November 28, 1986, which denied his motion for reargument.

Ordered that the appeal from the order dated November 28, 1986 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument, and it is further,

Ordered that the order dated October 1, 1986, is modified, on the law, by vacating the fine imposed and remitting the matter for a hearing to determine the appropriate fine; as so modified, the order dated October 1, 1986, is affirmed, without costs or disbursements.

The record herein supports the Supreme Court’s conclusion that the appellant knowingly disobeyed a lawful order of the duly appointed Referee and that his conduct impaired the rights or remedies of the plaintiff. Therefore, the adjudication of contempt was not an abuse of discretion (Judiciary Law § 753 [A] [1]; §§ 757, 770). However, the fine imposed, given the absence of any evidence of actual loss or injury, must not exceed the plaintiff’s costs and expenses on the motion plus $250 (see, Judiciary Law § 773). Lawrence, J. P., Weinstein, Rubin and Kooper, JJ., concur.

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— In an action seeking, inter alia, an equitable accounting upon the dissolution of a law partnership, the defendant Dennis J. Pappas appeals from (1) an order of the Supreme Court, Nassau County (Kelly, J.), dated October 1, 1986, which adjudicated him to be in contempt of court and imposed a fine of $7,234.43 and (2) an order of the same court dated November 28, 1986, which denied his motion for reargument.

Ordered that the appeal from the order dated November 28, 1986 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument, and it is further,

Ordered that the order dated October 1, 1986, is modified, on the law, by vacating the fine imposed and remitting the matter for a hearing to determine the appropriate fine; as so modified, the order dated October 1, 1986, is affirmed, without costs or disbursements.

The record herein supports the Supreme Court’s conclusion that the appellant knowingly disobeyed a lawful order of the duly appointed Referee and that his conduct impaired the rights or remedies of the plaintiff. Therefore, the adjudication of contempt was not an abuse of discretion (Judiciary Law § 753 [A] [1]; §§ 757, 770). However, the fine imposed, given the absence of any evidence of actual loss or injury, must not exceed the plaintiff’s costs and expenses on the motion plus $250 (see, Judiciary Law § 773). Lawrence, J. P., Weinstein, Rubin and Kooper, JJ., concur.

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Bluebook (online)

139 A.D.2d 499, 526 N.Y.S.2d 803, 1988 N.Y. App. Div. LEXIS 3724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-pappas-nyappdiv-1988.

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