Monday, April 10, 2017

Civil contempt.

Practice point:  The validity of an order underlying a contempt proceeding may not be attacked on the grounds that the issuing court had no jurisdiction to do so, or that the order had been stayed.  

Judiciary Law § 753 does not require a showing of wilfulness or monetary harm as a precondition to a finding of civil contempt, and the Court of Appeals has not imposed a wilfulness requirement for a civil contempt finding.

Case:  Board of Directors of Windsors Owners Corp. v. Platt, NY Slip Op 02508 (1st Dep't March 30, 2017

Here is the decision. 

Tomorrow's issue:  A law firm's motion to enforce an attorney's lien.