Tenants held in contempt for failing to pay use and occupancy – Brief Article
Petitioner landlord moved to hold respondent tenants in contempt for their failure to pay use and occupancy pursuant to a court order pending a determination of claims in a Supreme Court action. Petitioner also sought a money judgment for outstanding use and occupancy. As a result of an appellate Division stay, petitioner was unable to move for respondents’ eviction. The stay was not contingent on payment of use and occupancy. The court discussed its jurisdiction to issue a contempt order. It found that the underlying court order was enforceable pursuant to Civil Practice Law and Rules 5104. It held respondents in civil contempt and granted landlord a money judgment of $18,270 for outstanding use and occupancy. The court also gave respondents an opportunity to purge their contempt by paying the arrears.
COPYRIGHT 2000 Hagedorn Publication
COPYRIGHT 2001 Gale Group
