Opinion
Motion No: M-5404
01-17-2017
Kevin McDermott, et al., Plaintiffs-Respondents, v. John Chapski, etc., et al., Defendants-Appellants.
An appeal having been decided by this Court on June 14, 2016 (649N-649NA), which unanimously reversed the orders under review and granted defendants' motion to vacate a default judgment which had been entered against them, And prior to the above June 14, 2016 decision and order, this Court having issued an order, entered August 4, 2015 (M-3070), staying enforcement of the default judgment pending hearing and determination of the appeal, And defendants-appellants having moved in November 2015 to hold plaintiffs' counsel, Richard P. Savitt, Esq., in civil and criminal contempt for violating this Court's August 4, 2015 (M-3070) order staying enforcement of the default judgment (M-5704), which motion was held subjudice for decision with the appeal, And this Court, having denied defendants' motion to the extent it sought to hold Richard P. Savitt, Esq. in criminal contempt, and having remanded the matter of civil contempt to the Supreme Court for assignment to a Special Referee to hold a hearing and file a report with the Clerk of this Court, Now, upon reading the report by the Special Referee dated October 24, 2016, and with due deliberation thereon, It is ordered that so much of the motion seeking to hold Richard P. Savitt, Esq. in civil contempt is granted, as set forth in the Special Referee's report. Mr. Savitt may purge the contempt by paying defendants the sum of $12,340.00, within 30 days of the service of a copy of this order. Should Mr. Savitt fail to purge the contempt, and upon the filing of an affidavit attesting to such failure, and to proper service of this order, the Supreme Court, New York County, is directed to issue a warrant directing the sheriff of any county of the State of New York, wherein Richard P. Savitt, Esq. may be found, committing him to jail for a period of three (3) days or until he purges the contempt, whichever occurs first.
Entered: January 17, 2017
_____________________ CLERK
PRESENT - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Richard T. Andrias David B. Saxe,Justices
M-5404
Index No. 151792/14