SHORT FORM ORDER
SUPREME COURT - STATE OF NEW YORK
present: HONORABLE KENNETH A. DAVIS
TRIAL/IAS, PART 10
UNITED BURGLAR ALARM CORP.,
plaintiff(s), INDEX No. 4457/02
-against- MOTION SUBMISSION
VIKING ALARM INC. and NEIL BARBERA,
Defendant(s). MOTION SEQ. #2
The following papers read on this motion:
Notice of Motion/ Order to Show Cause............ X
Answering Affidavits ..................................
Replying Affidavits ....................................
Upon the foregoing papers, it is ordered that this unopposed motion by the plaintiff for an order punishing defendant, NEIL BARBERA, for contempt of Court, in that the defendant wilfully failed to produce books and papers regarding matters relevant to the satisfaction of the judgment which were specifically requested on the subpoena and that the defendant, NEIL BARBERA, is fined a sum in the amount of the judgment is granted, it appearing from a review of the documentation presented that all necessary parties have been served with notice of this application, and further, that the relief requested is appropriate.
On or about August 27, 2002, pursuant to CPLR §5223 and §5224, a Subpoena required the attendance of the defendant, NEIL BARBERA, to take a deposition upon oral questions and produce the books and papers regarding matters relevant to the satisfaction of the judgment which was duly served on the defendant. Pursuant to the subpoena, an examination of the defendant was held at the courthouse on October 8, 2002. Defendant was to produce certain documents relating to defendant's finances including subscriber lists, business bank records, subscriber contracts, tax returns from 1998 to present and any documents containing information concerning defendants' property, income or other means relevant to satisfy the judgment. Defendant failed to produce any of the documents requested.
United Burglar v. Viking Alarm
Index No. 4457/02
Defendant failed to fully comply with said subpoena and the Court finds that his conduct was calculated to and actually did impair, impede and prejudice the rights of the plaintiff. Defendant is therefore adjudged to be in contempt of court and is fined the sum of $50.00 [CPLR 2308(a)].
Defendant may purge himself of the aforesaid contempt by appearing at this courthouse, 100 Supreme Court Drive, Mineola, New York, in the courtroom of Justice Davis on March 19, 2003 at 9:30 a.m. for deposition and by producing thereat the books and records enumerated in the subpoena.
Upon proof of defendant's non-compliance with this order, together with proof of personal service of a copy of this order, an order of commitment may issue upon further notice.
Plaintiff shall personally serve a copy of this order on defendant NEIL BARBERA on or before February 20, 2003.
This constitutes the decision and order of the Court.
Dated: FEB 05 2003
Hon. Kenneth A. Davis