MAYFAIR NURSING HOME v. NEIDHARDT


173 A.D.2d 794 (1991)

Mayfair Nursing Home, Respondent, v. Donald G. Neidhardt, Appellant

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

May 31, 1991


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and new determination in accordance herewith.

At the outset, we note that the refusal or willful neglect to obey a restraining notice issued pursuant to CPLR 5222 (b) "shall be punishable as a contempt of court" (CPLR 5251). Contrary to the defendant's contention, applications to punish for civil contempt...

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