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Tsachalis v. City of Mt. Vernon

Appellate Division of the Supreme Court of New York, Second Department
May 7, 2001
283 A.D.2d 420 (N.Y. App. Div. 2001)

Opinion

Submitted March 19, 2001.

May 7, 2001.

In an action, inter alia, to recover damages for malicious prosecution, Richard L. Giampa, attorney for the plaintiff, appeals, by permission, from four orders of the Supreme Court, Westchester County (Donovan, J.), dated May 10, 2000, and two orders of the same court, dated May 31, 2000, each of which summarily adjudged him to be in criminal contempt of court and imposed a fine.

John M. Denby, East Setauket, N.Y., for nonparty-appellant.

Before: ALTMAN, J.P., GOLDSTEIN, McGINITY and SCHMIDT, JJ.


ORDERED that the orders are reversed, on the law, without costs or disbursements, and the contempt adjudications are vacated.

We find no basis in the record for the determinations summarily adjudicating the appellant to be in contempt of court. The record does not show that the appellant acted for any reason other than to protect the record in the best interests of his client (see, Matter of Traynor v. Lange, 178 A.D.2d 481; Matter of Singer v. Groh, 99 A.D.2d 758; Matter of Marino v. Burstein, 72 A.D.2d 814).


Summaries of

Tsachalis v. City of Mt. Vernon

Appellate Division of the Supreme Court of New York, Second Department
May 7, 2001
283 A.D.2d 420 (N.Y. App. Div. 2001)
Case details for

Tsachalis v. City of Mt. Vernon

Case Details

Full title:PETER TSACHALIS, PLAINTIFF, v. CITY OF MT. VERNON, ET AL., DEFENDANTS…

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

Date published: May 7, 2001

Citations

283 A.D.2d 420 (N.Y. App. Div. 2001)
723 N.Y.S.2d 870