Legal Opinion

Department of Housing Preservation & Development v. Chance Equities, Inc.

Civil Court of the City of New York

Decided April 29, 1987PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Lewis R. Friedman, J.

Trial by jury is a fundamental right under the State and Federal Constitutions. Contempt is the fundamental right of the court to protect its process. "It has always been one of the attributes — one of the powers necessarily incident to a court of justice — that it should have this power of vindicating its dignity, of enforcing its orders, of protecting itself from insult, without the necessity of calling upon a jury to assist it in the exercise of this power.” (Eilenbecker v Plymouth County, 134 US 31, 36 [1890].) These motions raise questions of the…

2Cases cited38 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Argersinger v. HamlinSupreme Court of the United States · 1972
  3. Shillitani v. United StatesSupreme Court of the United States · 1966
  4. Juidice v. VailSupreme Court of the United States · 1977
  5. Bloom v. IllinoisSupreme Court of the United States · 1968

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3Cited by2 opinions

  1. Department of Housing Preservation & Development v. GottliebCivil Court of the City of New York · 1987
  2. People v. DiLorenzoCriminal Court of the City of New York · 1992

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