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BENSON PARK ASSOCIATES LLC v. HERMAN

7229, 102966/08.

93 A.D.3d 609 (2012)

941 N.Y.S.2d 108

2012 NY Slip Op 2399

BENSON PARK ASSOCIATES LLC, Appellant, v. ALEXANDER HERMAN, Defendant. RITA HERMAN, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 29, 2012.

It was error for the motion court to sua sponte deny the motion on the ground that plaintiff sought contempt against Ms. Herman by way of a motion instead of a special proceeding (see Long Is. Trust Co. v Rosenberg, 82 A.D.2d 591, 597 [1981]). The parties had no notice that the issue would be considered by the court and thus no opportunity to address it. Moreover, that particular challenge to the court's personal jurisdiction was...

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