Legal Opinion

Long Island Trust Co. v. Rosenberg

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

Decided September 8, 1981PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Lazer, J.P.

The issue here is whether the current provisions of the Judiciary Law permit civil contempt proceedings to be instituted by service of a notice of motion by ordinary mail upon an alleged contemnor who is not a party to the underlying action in which the contempt is claimed to have been committed. We conclude that such service is insufficient and that the recent amendments to sections 756 and 761 of the Judiciary Law have not altered the pre-existing requirement that such civil contempt proceedings be com*592menced in the same fashion as subdivisions (c) and (d) of…

2Cases cited39 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Juidice v. VailSupreme Court of the United States · 1977
  3. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  4. Pitt v. . DavisonNew York Court of Appeals · 1867
  5. People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905

34 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Quantum Heating Services Inc. v. AusternAppellate Division of the Supreme Court of the State of New York · 1984
  2. Federal Deposit Insurance v. RichmanAppellate Division of the Supreme Court of the State of New York · 1983
  3. Citibank, N. A. v. Anthony Lincoln-Mercury, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Department of Housing Preservation & Development v. ArickCivil Court of the City of New York · 1986
  5. Garrison Fuel Oil of Long Island, Inc. v. Grippo, New York County Courts1985

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API