All Island Truck Leasing v. Perkins

Civil Practice

New York Law Journal


Judge Michael Ciaffa

All Island Truck Leasing (AITL) moved to hold Perkins in civil contempt for failing to respond to a post-judgment information subpoena under CPLR 5251. The court noted, initially, the petition made out a facially sufficient case to grant the requested relief as AITL obtained a money judgment against Perkins, served an information subpoena on him, and he failed to honor it. Yet, the court noted, after careful examination, the application involved "a complicating factor"—Perkins resided in New York, not Nassau County. Thus, whole the underlying judgment was entered in this court in Nassau, contempt proceedings could only be brought in courts listed in §5221(a). Hence, the court stated absence evidence that Perkins presently lived in Nassau County, or was regularly employed there, §5221(a)(4) authorized commencement of a special proceeding only in Supreme Court or a County Court in which respondent resided, was regularly employed in, or had a place for the regular transaction of business in person. Therefore, the court stated as the District Court was a court of limited jurisdiction, it lacked the power to hear and adjudicate the instant contempt motion in the absence of such evidence, denying AITL's motion without prejudice.

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