Yalkowsky v. Yalkowsky
| Court | New York Supreme Court Appellate Division |
| Citation | 93 A.D.2d 834,461 N.Y.S.2d 54 |
| Parties | Stanley YALKOWSKY, Appellant, v. Deanne YALKOWSKY, Defendant, Irving Bank Corporation et al., nonparty Respondents. |
| Decision Date | 11 April 1983 |
Page 54
v.
Deanne YALKOWSKY, Defendant,
Irving Bank Corporation et al., nonparty Respondents.
Second Department.
Stanley Yalkowsky, appellant pro se.
Winthrop, Stimson, Putnam & Roberts, New York City (Robert J. Sussman, New York City, of counsel), for nonparty respondent Irving Bank Corp.
Neale & Wilson & Gardella, Scarsdale (J. Henry Neale, Jr., Scarsdale, of counsel), for nonparty respondents Scarsdale Nat. Bank and Trust Co., Thomas Kavanaugh, Will Irick, John Bruno, Barbara Justo and Sherman Petrie.
Before GIBBONS, J.P., and THOMPSON, BRACKEN and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Westchester County, dated October
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15, 1981, which denied his motion (1) to adjudge nonparty respondents, Scarsdale National Bank, the Irving Bank Corporation, and certain named individuals in contempt for failure to comply with subpoenas duces tecum, (2) to require that Scarsdale National Bank provide an affidavit reciting what information had been furnished pursuant to the subpoenas in question, what information cannot be found, what information it refuses to furnish and what information it is willing to furnish, and (3) to compel Scarsdale National Bank and Irving Bank Corporation to comply with all the subpoenas served upon them.Order modified, on the law, by deleting the provision denying the motion with respect to respondent Scarsdale National Bank and substituting therefor a provision granting the second branch thereof requiring it to provide an affidavit concerning the subpoenaed documents. As so modified, order affirmed, without costs or disbursements, and matter remitted to the Supreme Court, Westchester County, for a hearing on the first and third branches of plaintiff's motion in accordance herewith, to be held after service upon plaintiff of the affidavit on behalf of respondent Scarsdale National Bank concerning the subpoenaed information, which affidavit shall be served within 30 days after service upon said bank of a copy of the order to be made hereon, with notice of entry.
In order to locate assets of defendant, the former wife of the plaintiff, which plaintiff alleges were secreted in accounts in Scarsdale National Bank (hereinafter Scarsdale Bank), in her name and in the name of another individual, Americo Napolitano, and the...
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Rochel H. v. Joel H., XX/17.
...access to the information sought in order for the subpoenaed witness to be held in civil contempt (see generally Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 835, 461 N.Y.S.2d 54 ).At the contempt hearing held on January 3, 2017 the non-party testified that he was an "administrator" at the school......
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D.D. v. A.D., 5* * * */* *.
...; See also, Cassarino v. Cassarino, 149 A.D.3d 689, 50 N.Y.S.3d 558, 2017 N.Y. Slip Op 02623 (2d Dept.2017) ; Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 461 N.Y.S.2d 54 (2d Dept.1983). Domestic Relations Law § 245, which addresses contempt in the context of matrimonial proceedings, has been rec......
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El-Dehdan v. El-Dehdan
...“Intent or willfulness is not required to hold a party in contempt for disobeying a court order or subpoena” (Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 835, 461 N.Y.S.2d 54; see McNulty v. McNulty, 81 A.D.2d 581, 437 N.Y.S.2d 438; Great Neck Pennysaver v. Central Nassau Publs., 65 A.D.2d 616, ......
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In re Marketxt Holding Corp., Bankruptcy No. 04-12078 (ALG).
...to the alleged contemnor to explain the noncompliance. Sigety v. Abrams, 632 F.2d 969, 974-75 (2d Cir. 1980); Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 835, 461 N.Y.S.2d 54 (2d Dept. 1983). In Sigety, the Court held that the petitioner, who was found to be in civil contempt by a state court fo......
-
Rochel H. v. Joel H., XX/17.
...access to the information sought in order for the subpoenaed witness to be held in civil contempt (see generally Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 835, 461 N.Y.S.2d 54 ).At the contempt hearing held on January 3, 2017 the non-party testified that he was an "administrator" at the school......
-
D.D. v. A.D., 5* * * */* *.
...; See also, Cassarino v. Cassarino, 149 A.D.3d 689, 50 N.Y.S.3d 558, 2017 N.Y. Slip Op 02623 (2d Dept.2017) ; Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 461 N.Y.S.2d 54 (2d Dept.1983). Domestic Relations Law § 245, which addresses contempt in the context of matrimonial proceedings, has been rec......
-
El-Dehdan v. El-Dehdan
...“Intent or willfulness is not required to hold a party in contempt for disobeying a court order or subpoena” (Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 835, 461 N.Y.S.2d 54; see McNulty v. McNulty, 81 A.D.2d 581, 437 N.Y.S.2d 438; Great Neck Pennysaver v. Central Nassau Publs., 65 A.D.2d 616, ......
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In re Marketxt Holding Corp., Bankruptcy No. 04-12078 (ALG).
...to the alleged contemnor to explain the noncompliance. Sigety v. Abrams, 632 F.2d 969, 974-75 (2d Cir. 1980); Yalkowsky v. Yalkowsky, 93 A.D.2d 834, 835, 461 N.Y.S.2d 54 (2d Dept. 1983). In Sigety, the Court held that the petitioner, who was found to be in civil contempt by a state court fo......