Motion for Contempt of Court

DISTRICT COURT OF NASSAU COUNTY

FIRST DISTRICT CIVIL PART

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Alarm Company

                                    Plaintiff,        

                   against

Subscriber

                                     Defendant.

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The plaintiff s motion for an order punishing the defendant for contempt of court is granted, pursuant to Judiciary Law section 753, there being no opposition.

On July 10, 1997, judgment was entered in favor of the plaintiff and against the defendant upon defendant's default. In attempting to enforce said judgment, plaintiff caused a subpoena duces tecum to take deposition of judgment debtor, to be served upon the defendant and filed an affidavit of said service with the Court.

Court finds that the defendant had knowledge of the subpoena duces tecum and yet refused to obey said subpoena. The Court also finds that the defendant actions, or lack of action, did defeat, impair, impede and prejudice the rights and remedies of the plaintiff.

Inasmuch as no actual loss has been alleged by the plaintiff as a result of defendant's contempt, the defendant is fined $250.00, representing the reasonable amount of the attorney's fees incurred by the plaintiff, plus $250.00, for a total of $500.00 fine. The defendant is granted leave to purge herself of the contempt within ten (1O) days after personal service of this order by fully answering the within information subpoena and serving the plaintiff with the answers.

The fine imposed shall be collected in accordance with section 773 of the Judiciary Law which states:

"Upon a certified copy of the order imposing fine, together with proof by affidavit that more than ten days have elapsed since personal service thereof upon the offender, and that the fine plus costs and expenses has not been paid, the court may issue without notice a warrant directed to the sheriff or other enforcement officer of any Jurisdiction in which the offender may be found. The warrant shall command such officer to arrest the offender forthwith and bring him before the court, or a judge thereof, to be committed..."

The defendant is directed to pay the within $500.00 fine to the plaintiff s attorneys within ten (10) days of receipt of this order. Additionally, the plaintiff is directed to have defendant personally served with a certified copy of this order pursuant to Judiciary Law section 772.

J.D.C.