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Trust v. Capalino
Citations: 104 A.D.2d 802; 480 N.Y.S.2d 880; 1984 N.Y. App. Div. LEXIS 20297
Court: Appellate Division of the Supreme Court of the State of New York; October 1, 1984; New York; State Appellate Court
A motion was filed by the petitioner seeking to (1) annul a public auction sale of the leasehold of a property conducted by the respondent on August 15, 1984, and (2) hold the respondent and its agents in contempt of court for violating a stay that had been issued pending the petitioner's appeal. The court granted the motion to the extent of nullifying the public auction, as it was conducted in violation of the stay. However, the request to hold the respondent in contempt was denied, with the court determining that the respondent's breach of the stay was not willful. The decision was concurred by Justices Lazer, Mangano, O’Connor, and Brown.