GARRY v. GARRY


121 Misc.2d 81 (1983)

Robert T. Garry, Plaintiff, v. Judith K. Garry, Defendant.

Supreme Court, Special Term, Nassau County.

September 30, 1983


Attorney(s) appearing for the Case

Robert M. Rosen for plaintiff. David M. Schwartz for defendant.


JEFFREY G. STARK, J.

A husband charged with breaking into his wife's apartment in violation of a judgment awarding her exclusive possession may not avoid a contempt citation by a collateral attack upon the judgment itself. For such a judgment carries with it justified expectations of privacy and personal security, the preservation of which are perhaps the most important objectives of our governmental system. To countenance a breach of these expectations...

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