Bennett v. Bennett

We concur in the result reached by

the majority, but would expand the rationale. We agree that our prior decisions require a showing that a remedy less drastic than contempt must be shown to be ineffectual before contempt is appropriate (see e.g. DeMeo v DeMeo, 281 AD2d 662 [enforcement of support]; MacKinnon v MacKinnon, 277 AD2d 636 [enforcement of periodic maintenance and a lump-sum award]; Mastrantoni v Mastrantoni, 242 AD2d 825 [enforcement of payment of debt assumed]). Nevertheless, it is our view that care must be taken to differentiate between what may be an effectual remedy to enforce…