History
  • No items yet
midpage
Grasso v. Phillips
18 A.D.2d 784
| N.Y. App. Div. | 1963
|
Check Treatment

Order, entered November 21, 1962, unanimously modified, on the law and on the facts, to provide, in lieu of the second decretal paragraph, (1) that defendant be adjudged in contempt for disobedience of the judgment entered September 18, 1962, such disobedience having impaired and prejudiced plaintiffs’ rights and remedies thereunder, (2) that; defendant be fined in the sum of $250 and directed to pay said sum to plaintiffs, or to their attorneys for plaintiffs’ account, within 10 days after service of a copy of the order entered hereon with notice of entry, (3) that defendant’s; president and executive board be directed, within such period of 10 days (a) ¡to reconstitute Region X as re-established by said judgment, and (b) to call;a regional convention of said Region X, as so reconstituted, to fill the vacancy of vice-president, regional director of said Region, which convention shall be held within 60 days after such call, and (4) that defendant will be purged of such contempt upon due compliance with clauses (2) and (3) above; and as so modified the order is affirmed, with $50 costs to plaintiffs. The judgment entered September 18, 1962 is unambiguous and unconditional. In the plainest terms it re-established the Region X which the president and executive board ¡had invalidly acted to eliminate; and it ordered a convention for that Región X and not for a different geographical area subsequently created and for which the designation “ Region X ” was chosen. The duty to obey the mandate of the judgment is clear (see Mount Sinai Hosp. v. Davis, 8 A D 2d 364). Defendant’s noncompliance is a transparent evasion. Settle order op notice. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

Case Details

Case Name: Grasso v. Phillips
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 15, 1963
Citation: 18 A.D.2d 784
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.