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Blutreich v. Amalgamated Dwellings, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 4, 2004
7 A.D.3d 269 (N.Y. App. Div. 2004)

Opinion

3536N.

Decided May 4, 2004.

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered October 23, 2003, which granted plaintiffs' motion to hold defendant in contempt insofar as to refer the matter for a hearing on the issue of legal fees, unanimously affirmed, without costs.

Rosen Livingston, New York (Peter I. Livingston of counsel), for appellant.

The Law Offices of Fred L. Seeman, New York (Fred L. Seeman of counsel), for respondents.

Before: Nardelli, J.P., Andrias, Sullivan, Ellerin, JJ.


The order was clearly a contempt finding against defendant for failure to comply with a prior unconditional court order to issue privatized stock to plaintiffs ( see Blutreich v. Amalgamated Dwellings, Inc., 298 A.D.2d 185, lv denied 100 N.Y.2d 501). Accordingly, legal fees were properly recoverable by plaintiffs pursuant to Judiciary Law § 773 ( see Holskin v. 22 Prince St. Assocs., 178 A.D.2d 347).

We have reviewed defendant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Blutreich v. Amalgamated Dwellings, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 4, 2004
7 A.D.3d 269 (N.Y. App. Div. 2004)
Case details for

Blutreich v. Amalgamated Dwellings, Inc.

Case Details

Full title:IRA BLUTREICH, ET AL., Plaintiffs-Respondents, v. AMALGAMATED DWELLINGS…

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

Date published: May 4, 2004

Citations

7 A.D.3d 269 (N.Y. App. Div. 2004)
775 N.Y.S.2d 530

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