Appellate Division of the Supreme Court of New York, First DepartmentJun 15, 1995
216 A.D.2d 99 (N.Y. App. Div. 1995)
216 A.D.2d 99628 N.Y.S.2d 101

June 15, 1995

Appeal from the Supreme Court, New York County (Carol Arber, J.).

In this case, approximately nine months transpired between the service of the motion for contempt and CPLR 3126 sanctions and the time the order appealed from was entered. During that period of time, the record indicates that there were numerous conferences, and a hearing before a Special Referee, in addition to which, the IAS Court appointed a Receiver to take over the operation of the defendant corporations and to preserve the books and records of the corporations for plaintiff's benefit. The IAS Court's determination to appoint a Receiver at that time was not a sufficient remedy. Accordingly, we remand for the imposition of sanction other than contempt in addition to the appointment of a Receiver.

Concur — Sullivan, J.P., Ellerin, Asch, Nardelli and Williams, JJ.