Legal Opinion

Alfonso v. Rosso

Civil Court of the City of New York

Decided December 10, 1987PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Lewis R. Friedman, J.

Judiciary Law § 773 provides that a penalty for civil contempt is the imposition of a fine. These two cases present previously unresolved questions concerning the amount of that fine.

In both cases, on application by the petitioning tenants, the court had entered orders requiring the respondent owners to remedy conditions at their buildings. In both cases the owners have been found in civil contempt of the orders — in Alfonso respondents admitted the contempt, while in Poxt the finding was after trial.

By statute the fine may equal the actual loss to the…

2Cases cited35 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Maher v. GagneSupreme Court of the United States · 1980
  3. Zurcher v. Stanford DailySupreme Court of the United States · 1978
  4. New York Gaslight Club, Inc. v. CareySupreme Court of the United States · 1980
  5. Washington v. Seattle School District No. 1Supreme Court of the United States · 1982

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3Cited by3 opinions

  1. National Union Fire Insurance v. HartelDistrict Court, S.D. New York · 1992
  2. 546-552 West 146th Street LLC v. ArfaAppellate Division of the Supreme Court of the State of New York · 2012
  3. 546-552 West 146th Street LLC v. ArfaAppellate Division of the Supreme Court of the State of New York · 2012

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