Present v. Aranyi

Appellate Division of the Supreme Court of New York

Present v. Aranyi

38 A.D.2d 801, 328 N.Y.S.2d 485, 1972 N.Y. App. Div. LEXIS 5424

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

DecidedFebruary 8, 1972

StatusPublished

Cited by2 cases

This text of 38 A.D.2d 801 (Present v. Aranyi) 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

Present v. Aranyi, 38 A.D.2d 801, 328 N.Y.S.2d 485, 1972 N.Y. App. Div. LEXIS 5424 (N.Y. Ct. App. 1972).

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Opinion

Order, Supreme Court, New York County, entered on July 9, 1971, unanimously reversed, on the law, the motion to punish for contempt is denied; and appellant shall recover of petitioner-respondent $30 costs and disbursements of this appeal. No certified copy of the contempt order was purported to be served on Therese Perry, as specifically required by CPLR 5104. In dealing with contempt, it is most essential there be certainty that the proper person cited actually receive notice. (See 5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5104.13, pp. 51-52.) Appeal from order, Supreme Court, New York County, entered September 13, 1971, denying motion for a rehearing, unanimously dismissed as academic, without costs and without disbursements. Concur — Stevens, P. J., McGivern, Murphy, Capozzoli and Macken, JJ.

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Order, Supreme Court, New York County, entered on July 9, 1971, unanimously reversed, on the law, the motion to punish for contempt is denied; and appellant shall recover of petitioner-respondent $30 costs and disbursements of this appeal. No certified copy of the contempt order was purported to be served on Therese Perry, as specifically required by CPLR 5104. In dealing with contempt, it is most essential there be certainty that the proper person cited actually receive notice. (See 5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5104.13, pp. 51-52.) Appeal from order, Supreme Court, New York County, entered September 13, 1971, denying motion for a rehearing, unanimously dismissed as academic, without costs and without disbursements. Concur — Stevens, P. J., McGivern, Murphy, Capozzoli and Macken, JJ.

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Bluebook (online)

38 A.D.2d 801, 328 N.Y.S.2d 485, 1972 N.Y. App. Div. LEXIS 5424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/present-v-aranyi-nyappdiv-1972.

Opinion

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