Legal Opinion
Benson Park Associates LLC v. Herman
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2012PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Martin Shulman, J.), entered March 24, 2011, which denied plaintiffs motion to hold nonparty Rita Herman in contempt for failing to comply with a judicial subpoena, unanimously affirmed, without costs.
It was error for the motion court to sua sponte deny the motion on the ground that plaintiff sought contempt against Ms. Herman by way of a motion instead of a special proceeding (see Long Is. Trust Co. v Rosenberg, 82 AD2d 591, 597 [1981]). The parties had no notice that the issue would be considered by the court and thus no opportunity to address it.…
2Cases cited5 opinions
- Pinto v. PintoAppellate Division of the Supreme Court of the State of New York · 1986
- In re de SanchezAppellate Division of the Supreme Court of the State of New York · 2008
- Long Island Trust Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1981
- Garcia v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1996
- People ex rel. Golden v. GoldenAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by5 opinions
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- VE Med. Care, P.C. v. Global Liberty Ins. Co of N.Y.Appellate Terms of the Supreme Court of New York · 2019