National Union Fire Insurance Co. of Pittsburgh v. Bodek

Appellate Division of the Supreme Court of New York

National Union Fire Insurance Co. of Pittsburgh v. Bodek

281 A.D.2d 321, 722 N.Y.S.2d 156, 2001 N.Y. App. Div. LEXIS 3039

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

DecidedMarch 22, 2001

StatusPublished

This text of 281 A.D.2d 321 (National Union Fire Insurance Co. of Pittsburgh v. Bodek) 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

National Union Fire Insurance Co. of Pittsburgh v. Bodek, 281 A.D.2d 321, 722 N.Y.S.2d 156, 2001 N.Y. App. Div. LEXIS 3039 (N.Y. Ct. App. 2001).

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Opinion

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered August 20, 1999, which, inter alia, granted [322]*322plaintiffs motion for an installment payment order pursuant to CPLR 5226 to the extent of directing defendant to make monthly payments of $2,000, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered April 3, 2000, which, inter alia, adjudged defendant in contempt of court for having failed to make the payments due under the installment payment order, unanimously dismissed, without costs.

The court properly entered the installment payment order against defendant pursuant to CPLR 5226. Service of the order to show cause pursuant to which the installment payment order was sought was properly effectuated in accordance with the court’s directive therein that defendant be served through his attorney, since it was obvious that service upon defendant himself would be impracticable (see, CPLR 5226, 308 [5]). As conceded at oral argument, the issues relating to the order of contempt have been rendered academic. Concur — Andrias, J. P., Ellerin, Rubin, Saxe and Friedman, JJ.

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—Order, Supreme Court, New York County (Ira Gammerman, J.), entered August 20, 1999, which, inter alia, granted [322]*322plaintiffs motion for an installment payment order pursuant to CPLR 5226 to the extent of directing defendant to make monthly payments of $2,000, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered April 3, 2000, which, inter alia, adjudged defendant in contempt of court for having failed to make the payments due under the installment payment order, unanimously dismissed, without costs.

The court properly entered the installment payment order against defendant pursuant to CPLR 5226. Service of the order to show cause pursuant to which the installment payment order was sought was properly effectuated in accordance with the court’s directive therein that defendant be served through his attorney, since it was obvious that service upon defendant himself would be impracticable (see, CPLR 5226, 308 [5]). As conceded at oral argument, the issues relating to the order of contempt have been rendered academic. Concur — Andrias, J. P., Ellerin, Rubin, Saxe and Friedman, JJ.

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Bluebook (online)

281 A.D.2d 321, 722 N.Y.S.2d 156, 2001 N.Y. App. Div. LEXIS 3039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-union-fire-insurance-co-of-pittsburgh-v-bodek-nyappdiv-2001.