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VAN NOSTRAND v. TOWN OF DENNING, ULSTER COUNTY

203 A.D.2d 687 (1994)

610 N.Y.S.2d 356

Charles Van Nostrand, Respondent, v. Town of Denning, Ulster County, Appellant

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

April 14, 1994

Yesawich Jr., J.

Plaintiff, who earlier had obtained a judgment enjoining defendant to repair and reopen a road (see, 132 A.D.2d 93), has moved to hold defendant in contempt for failure to comply with that judgment. Defendant opposed the motion on jurisdictional grounds only, asserting that because plaintiff's motion papers lacked the notice mandated by Judiciary Law § 756, the court was without authority...

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