LONG IS TR CO v. ROSENBERG


82 A.D.2d 591 (1981)

Long Island Trust Company, Appellant, v. Alfred Rosenberg et al., Defendants, and Semon & Braverman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 8, 1981


Attorney(s) appearing for the Case

Halpern, Halpern & Axelrod, P. C. (Elliot Phillips and Susan Goldenkranz Pernick of counsel), for appellant.

Semon & Braverman (Lee J. Mondshein of counsel), respondent pro se.

GIBBONS, COHALAN and THOMPSON, JJ., concur.


LAZER, J. P.

The issue here is whether the current provisions of the Judiciary Law permit civil contempt proceedings to be instituted by service of a notice of motion by ordinary mail upon an alleged contemnor who is not a party to the underlying action in which the contempt is claimed to have been committed. We conclude that such service is insufficient and that the recent amendments to sections 756 and 761 of the Judiciary Law have not altered the pre...

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