Legal Opinion
Xand Corp. v. Reliable Systems Alternatives Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2006PublishedCited by 6 opinions
1Opinion of the Court
Pursuant to Judiciary Law § 756, a contempt application must be in writing, must be made upon at least 10 days’ notice, and must contain on its face the statutory warning that “failure to appear in court may result in . . . immediate arrest and imprisonment for contempt of court” (Judiciary Law § 756). Since the defendant’s oral application failed to comply with any of these procedural safeguards, the Supreme Court erred when it punished the plaintiff for contempt for failing to comply with its prior order (see Matter of Angel Marie L., 8 AD3d 669 [2004]; Matter of P&N Tiffany Props. v…
2Cases cited4 opinions
- Postel v. New York University HospitalAppellate Division of the Supreme Court of the State of New York · 1999
- Cappello v. CappelloAppellate Division of the Supreme Court of the State of New York · 2000
- P&N Tiffany Properties, Inc. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2003
- In re Angel Marie L.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- Mitskevitch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Atmara, Inc. v. Panoramic Ace Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Rose v. RoseAppellate Division of the Supreme Court of the State of New York · 2008
- Great Plains Capital Corp. v. BindraAppellate Division of the Supreme Court of the State of New York · 2008
- Tung Wa Ma v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
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