N. A. Development Co. v. Jones

Sandler, J. P. (dissenting).

I dissent and would affirm for the reasons set forth in the opinions of Judge Glen at Civil Court (114 Misc 2d 896), and also for the reasons set forth in the memorandum opinion of the Appellate Term.

I agree that caution should be exercised in the usual case before imposing a noncoercive punitive jail sentence for civil contempt. This is not the usual case. The record establishes indisputably that innocent third parties — the tenants in petitioner’s apartment building — lived under appalling conditions for a long period of time (including a nine months’ absence of…