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Pinto v. Sanco Sav Company Limited

Appellate Division of the Supreme Court of New York, First Department
Jun 18, 1991
174 A.D.2d 487 (N.Y. App. Div. 1991)

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 Castruccio

Opinion

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.


Summaries of

Pinto v. Sanco Sav Company Limited

Appellate Division of the Supreme Court of New York, First Department
Jun 18, 1991
174 A.D.2d 487 (N.Y. App. Div. 1991)

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 Castruccio
Case details for

Pinto v. Sanco Sav Company Limited

Case Details

Full title:USINA COSTA PINTO, S.A., Respondent, v. SANCO SAV COMPANY LIMITED et al.…

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

Date published: Jun 18, 1991

Citations

174 A.D.2d 487 (N.Y. App. Div. 1991)
571 N.Y.S.2d 264

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