Legal Opinion
Haber v. Haber
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1996PublishedCited by 8 opinions
1Opinion of the Court
In order to sustain a finding of contempt based on an alleged violation of a court order, it is necessary to establish that a lawful order of the court clearly expressing an unequivocal mandate was in effect (see, Guerriere v Guerriere, 188 AD2d 583, 584; see also, Matter of Frandsen v Frandsen, 190 AD2d 975, 976). Furthermore, a party who seeks to hold a spouse in contempt of court pursuant to Domestic Relations Law § 245 must ordinarily exhaust her alternative remedies under that section. However, when the alternative remedies would be ineffectual, they need not be exhausted (see,…
2Cases cited4 opinions
- Rosenblitt v. RosenblittAppellate Division of the Supreme Court of the State of New York · 1986
- Benny v. BennyAppellate Division of the Supreme Court of the State of New York · 1993
- Frandsen v. FrandsenAppellate Division of the Supreme Court of the State of New York · 1993
- Guerriere v. GuerriereAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by8 opinions
- Lopez v. AjoseAppellate Division of the Supreme Court of the State of New York · 2006
- Barcham-Reichman v. ReichmanAppellate Division of the Supreme Court of the State of New York · 1998
- Muller v. MullerAppellate Division of the Supreme Court of the State of New York · 1996
- Rozzo v. RozzoAppellate Division of the Supreme Court of the State of New York · 2000
- Hayes v. Barroga-HayesAppellate Division of the Supreme Court of the State of New York · 2014
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