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Rodriguez v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1995
212 A.D.2d 684 (N.Y. App. Div. 1995)

Opinion

February 21, 1995

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order entered January 20, 1993, is affirmed insofar as appealed from; and it is further,

Ordered that the order entered August 9, 1993, is affirmed; and it is further,

Ordered that the non-party respondent is awarded one bill of costs.

The Supreme Court did not err in holding the plaintiff in contempt based upon his failure to comply with the unequivocal and lawful mandate embodied in the judgment of divorce, which directed him to execute a deed to certain property in Puerto Rico in favor of the defendant at his own cost and expense, "together with any and all other documents necessary to effectuate the aforesaid conveyance" (see, Guerriere v. Guerriere, 188 A.D.2d 583). Moreover, since the plaintiff failed to raise any factual issues concerning his failure to carry out the court's directive, a full evidentiary hearing was not required (cf., Singer v Singer, 52 A.D.2d 774).

We have considered the plaintiff's remaining contentions and find them to be without merit. O'Brien, J.P., Lawrence, Krausman and Florio, JJ., concur.


Summaries of

Rodriguez v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1995
212 A.D.2d 684 (N.Y. App. Div. 1995)
Case details for

Rodriguez v. Rodriguez

Case Details

Full title:NICHOLAS RODRIGUEZ, Appellant, v. GERALDINE RODRIGUEZ, Respondent, and…

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

Date published: Feb 21, 1995

Citations

212 A.D.2d 684 (N.Y. App. Div. 1995)
623 N.Y.S.2d 154