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XAND CORPORATION v. RELIABLE SYSTEMS ALTERNATIVES CORPORATION

35 A.D.3d 849 (2006)

827 N.Y.S.2d 269

XAND CORPORATION, Appellant, v. RELIABLE SYSTEMS ALTERNATIVES CORPORATION, Respondent.

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

Decided December 26, 2006.

Ordered that the order is reversed, on the law, with costs, the oral application is denied, and the fine is vacated.

Pursuant to Judiciary Law § 756, a contempt application must be in writing, must be made upon at least 10 days' notice, and must contain on its face the statutory warning that "failure to appear in court may result in ... immediate arrest and imprisonment for contempt of court" (Judiciary Law § 756). Since the defendant's oral application...

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