Gernhardt v. Boland

Gorfinkel,

Acting City Judge:

The tenant -in this proceeding is seeking to punish the landlord for a civil contempt of court. Section 753 of the Judiciary Law, which defines civil contempt, is the basis of the motion. That section, so far as applicable here, provides as follows:

“ A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced in either of the following cases * * *.

“…