Summary
vacating order finding defendant in contempt where there were "factual disputes regarding the alleged contemnor's willfulness in disobeying the prior order"
Summary of this case from Castruccio v. Estate of CastruccioOpinion
June 18, 1991
Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).
It is well established that contempt is a drastic remedy which should not be granted absent a clear right to such relief. Whether to be proven beyond a reasonable doubt as is apparently the case with criminal contempt or "`with reasonable certainty'" in the case of civil contempt (N.A. Dev. Co. v Jones, 99 A.D.2d 238, 242), where, as here, there are factual disputes regarding the alleged contemnors' willfulness in disobeying the prior order, which cannot be resolved on the papers, a hearing must be held before a party or its attorney can be adjudicated in contempt.
Concur — Sullivan, J.P., Rosenberger, Kupferman, Smith and Rubin, JJ.