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Pace Advtg. Agcy. v. Manhattan Pac. Mgmt

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 1997
237 A.D.2d 131 (N.Y. App. Div. 1997)

Opinion

March 6, 1997.

Order and judgment (one paper), Supreme Court, New York County (Carol Huff, J.), entered June 21, 1996, which, in a turnover proceeding, granted petitioner judgment creditor's motion to confirm the report of the Special Referee, adjudged respondent garnishee in civil contempt, fined respondent $57,478.16, together with plaintiff's costs and disbursements, including attorneys' fees, and permitted respondent to purge its contempt by paying such fine and fees, unanimously affirmed, with costs.

Before: Sullivan, J.P., Rosenberger, Tom and Andrias, JJ.


The record supports the Special Referee's rejection of most of the offsets claimed by respondent and finding that respondent owes the judgment debtor $57,478.16. The documentary evidence, and indeed respondent's own concession that its seven prior accountings were inaccurate, constitute a clear showing of respondent's disobedience of the court's prior orders to provide proper accountings, prejudicing petitioner and warranting a finding of contempt. The court properly refused to permit respondent to introduce "additional offsets" that had not been included in any of the seven prior accountings after the hearing had already begun. The $57,478.16 found owing, plus petitioner's costs and expenses, including attorneys' fees, is an "actual loss or injury" sustained by petitioner for which respondent was properly fined (Judiciary Law § 773; Gordon v Janover, 121 AD2d 599). We have considered respondent's remaining contentions and find them to be without merit.


Summaries of

Pace Advtg. Agcy. v. Manhattan Pac. Mgmt

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 1997
237 A.D.2d 131 (N.Y. App. Div. 1997)
Case details for

Pace Advtg. Agcy. v. Manhattan Pac. Mgmt

Case Details

Full title:PACE ADVERTISING AGENCY, INC., Respondent, v. MANHATTAN PACIFIC MANAGEMENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 6, 1997

Citations

237 A.D.2d 131 (N.Y. App. Div. 1997)
654 N.Y.S.2d 140

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