Commercial Division Blog

Posted: May 18, 2016 / Categories Commercial, Court Rules/Procedures, Contempt

Motion for Contempt Denied for Failure to Provide Statutory Warning

On May 18, 2016, the Second Department issued a decision in Community Preservation Corp. v Northern Boulevard Property, LLC, 2016 NY Slip Op. 03844, reversing a judgment of contempt because the party seeking contempt failed exactly to comply with the statutory notice requirements, explaining:

The Supreme Court erred in granting the receiver's motion to hold the appellant in civil contempt. Pursuant to Judiciary Law § 756, a contempt application must be in writing, must be made upon at least 10 days' notice, and must contain on its face the statutory warning that "FAILURE TO APPEAR IN COURT MAY RESULT IN . . . IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT." A lthough the receiver's motion was in writing and complied with the 10-day notice requirement, it did not comply with the warning requirement. As such, the court was without jurisdiction to punish the appellant for contempt for failing to comply with its prior order.

(Internal citations omitted) (emphasis added).