Hampton v. Annal Management Co., Ltd.
| Decision Date | 22 April 1996 |
| Citation | 646 N.Y.S.2d 227,168 Misc.2d 138 |
| Parties | Beatrice HAMPTON, Respondent, v. ANNAL MANAGEMENT CO., LTD., Appellant, et al., Defendant. |
| Court | New York Supreme Court — Appellate Term |
Steven A. Weissman, Bronx, for appellant.
Before PARNESS, J.P., and McCOOE and FREEDMAN, JJ.
Judgment entered March 17, 1995 (Lucindo Suarez, J.) reversed, without costs, and the motion to punish appellant for civil contempt is denied.
Appeal from order dated November 9, 1994 (Lucindo Suarez, J.) dismissed, without costs, as superseded by the judgment.
Civil Court erred in granting the motion to punish appellant Annal Management Co., Ltd. (Annal) for civil disobedience of a judicial subpoena (see CPLR 2308[a] ) and awarding consequential damages where the court lacked in personam jurisdiction. Annal, a nonparty previously dismissed from the action, was not named in the subpoena or in the order to show cause bringing on the contempt motion; the party named was Noel Coreano, Annal's employee. Further, where the contemnor is not a party to the underlying action, the order to show cause must be personally served upon the accused (Long Island Trust Co. v. Rosenberg, 82 A.D.2d 591, 442 N.Y.S.2d 563; Judiciary Law § 761). Here, the order to show cause required personal service of the contempt papers pursuant to CPLR 308. The mail service directed to Coreano was therefore insufficient to confer jurisdiction over Annal.
The contempt judgment must also fall on the ground that the requisite witness fee was not tendered when the subpoena was served or within a reasonable time thereafter (Bobrowsky v. Bozzuti, 98 A.D.2d 700, 469 N.Y.S.2d 96; CPLR 2303). Civil Court's "waiver" of the witness fee, under the guise of "substantial justice", was without basis.
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...proceeding against a nonparty to the underlying action must be effected by personal service"]; Hampton v. Annal Mgt. Co., 168 Misc.2d 138, 139, 646 N.Y.S.2d 227 [App. Term., 1st Dept.1996] ). It appears that the common practice, of this Court and others, of directing service of an order to ......
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...a party to the underlying action, the order to show cause must be personally served upon the accused" (Hampton v. Annal Mgmt. Co., Ltd., 646 N.Y.S.2d 227, 228 [App. Term, 1st Dept. 1996] citing Long Island Trust Co. v. Rosenberg, 442 N.Y.S.2d 563, 567 [2nd Dept 1981.]). Defendant's motion f......
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...a party to the underlying action, the order to show cause must be personally served upon the accused" (Hampton v. Annal Mgmt. Co., Ltd., 646 N.Y.S.2d 227, 228 [App. Term, 1st Dept. 1996] citing Long Island Trust Co. v. Rosenberg, 442 N.Y.S.2d 563, 567 [2nd Dept.1981]). Defendant's motion fo......
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Table of Cases
...198 NYS2d 65 (1960), §3:543 Hammett v. Hammett , 74 AD2d 540, 424 NYS2d 913 (1st Dept 1980), §7:50 Hampton v. Annal Management Co. , Ltd, 168 Misc2d 138, 646 NYS2d 227 (Sup Ct 1996), §17:462 Handel v. Handel , 94 AD2d 696, 461 NYS2d 1023 (2d Dept 1983), §40:331 Hanig v. State Dept. of Motor......
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Table of Cases
...198 NYS2d 65 (1960), §3:543 Hammett v. Hammett , 74 AD2d 540, 424 NYS2d 913 (1st Dept 1980), §7:50 Hampton v. Annal Management Co. , Ltd, 168 Misc2d 138, 646 NYS2d 227 (Sup Ct 1996), §17:462 Handel v. Handel , 94 AD2d 696, 461 NYS2d 1023 (2d Dept 1983), §40:331 Hanig v. State Dept. of Motor......
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Temporary Restraining Orders and Preliminary Injunctions
...be in person to a non-party whereas service by mail is sufficient for a party to the action. [ Hampton v. Annal Management Co., Ltd. , 168 Misc2d 138, 646 NYS2d 227 (Sup Ct 1996).] §17:463 Deadline for Service If a notice of motion is used, it must be served no less than 10 and no more than......
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Temporary Restraining Orders and Preliminary Injunctions
...be in person to a non-party whereas service by mail is sufficient for a party to the action. [ Hampton v. Annal Management Co., Ltd. , 168 Misc2d 138, 646 NYS2d 227 (Sup Ct 1996).] §17:463 Deadline for Service If a notice of motion is used, it must be served no less than 10 and no more than......