§ 773 — Amount of fine

New York § 773

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 19: Contempts

Text

§ 773. Amount of fine. If an actual loss or injury has been caused to\na party to an action or special proceeding, by reason of the misconduct\nproved against the offender, and the case is not one where it is\nspecially prescribed by law, that an action may be maintained to recover\ndamages for the loss or injury, a fine, sufficient to indemnify the\naggrieved party, must be imposed upon the offender, and collected, and\npaid over to the aggrieved party, under the direction of the court. The\npayment and acceptance of such a fine constitute a bar to an action by\nthe aggrieved party, to recover damages for the loss or injury.\n Where it is not shown that such an actual loss or injury has been\ncaused, a fine may be imposed, not exceeding the amount of the\ncomplainant's costs and expenses, and two hundred and fifty dollars in\naddition thereto, and must be collected and paid, in like manner. A\ncorporation may be fined as prescribed in this section.\n If a fine is imposed to punish an offense committed with respect to an\nenforcement procedure under the civil practice law and rules or pursuant\nto section two hundred forty-five of the domestic relations law, and it\nhas not been shown that such an actual loss or injury has been caused\nand the defendant has not appeared upon the return of the application,\nthe order imposing fine, if any, shall include a provision granting the\noffender leave to purge himself of the contempt within ten days after\npersonal service of the order by appearing and satisfying the court that\nhe is unable to pay the fine or, in the discretion of the court, by\ngiving an undertaking in a sum to be fixed by the court conditioned upon\npayment of the fine plus costs and expenses and his appearance and\nperformance of the act or duty, the omission of which constitutes the\nmisconduct for which he is to be punished. The order may also include a\nprovision committing the offender to prison until the fine plus costs\nand expenses are paid, or until he is discharged according to law. Upon\na certified copy of the order imposing fine, together with proof by\naffidavit that more than ten days have elapsed since personal service\nthereof upon the offender, and that the fine plus costs and expenses has\nnot been paid, the court may issue without notice a warrant directed to\nthe sheriff or other enforcement officer of any jurisdiction in which\nthe offender may be found. The warrant shall command such officer to\narrest the offender forthwith and bring him before the court, or a judge\nthereof, to be committed or for such other disposition as the court in\nits discretion shall direct.\n