CONT'L v. MOSCATIELLO


115 Misc.2d 617 (1982)

Continental Bank, Plaintiff, v. Anthony J. Moscatiello, Defendant.

Supreme Court, Special Term, Queens County.

September 14, 1982


Attorney(s) appearing for the Case

Serchuk & Wolfe (Benjamin Zelenmayer of counsel), for plaintiff. Frank Coniglio for defendant.


ARTHUR W. LONSCHEIN, J.

This is a motion to punish the defendant for contempt. It raises certain questions about the proper construction of section 761 of the Judiciary Law which have not previously been encountered.

The motion was brought on by a simple notice of motion sent, by mail, only to the defendant's attorney. The Judiciary Law now allows commencement of a contempt motion by a notice (Judiciary Law, § 756, as added by L 1977, ch...

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