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Greco v. Winney

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1991
176 A.D.2d 407 (N.Y. App. Div. 1991)

Opinion

September 19, 1991

Appeal from the Supreme Court, Saratoga County (Brown, J.).


Each of defendant's arguments challenge the validity of the order granting the temporary restraining order instead of the adjudication of contempt which is the subject of these appeals. Therefore, insofar as these arguments are a collateral attack on a prior order which was jurisdictionally valid and was never stayed and thus had to be obeyed, they may not be entertained on these appeals (see, Seril v. Belnord Tenants Assn., 139 A.D.2d 401). In any event, to the extent that defendant challenges the validity of the temporary restraining order based on the adequacy of plaintiffs' pleadings, he was still required to obey that order because a jurisdictionally valid "court order must be obeyed, no matter how erroneous it may seem to be" (People v Williamson, 136 A.D.2d 497). Defendant's claim that the temporary restraining order lacked sufficient clarity is also lacking in merit. Finally, as to his claim concerning the timeliness of the hearing on the prior order, this issue was not raised when defendant opposed plaintiffs' contempt motions and therefore was not preserved for appeal (see, Gunzburg v. Gunzburg, 152 A.D.2d 537).

Weiss, J.P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the orders are affirmed, without costs.


Summaries of

Greco v. Winney

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1991
176 A.D.2d 407 (N.Y. App. Div. 1991)
Case details for

Greco v. Winney

Case Details

Full title:GENE C. GRECO et al., Respondents, v. JOHN WINNEY, Appellant

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

Date published: Sep 19, 1991

Citations

176 A.D.2d 407 (N.Y. App. Div. 1991)
574 N.Y.S.2d 403

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