Contempt Order Against Tenant's Attorney Vacated

Facts: Tenant's attorney arrived late for a hearing on whether landlord's petition papers had been served properly. The attorney took over his associate's questioning of the process server and repeated questions already asked. The judge interrupted tenant's attorney over the attorney's objections. The judge then asked the attorney to leave the courtroom, and the attorney made a statement to the effect that the proceeding was ''fixed.'' The attorney was arrested and put in jail for two hours. He was later charged with criminal contempt of court. The attorney sued the judge, seeking revocation of the contempt ruling. Court: Attorney wins. While the attorney's comment was improper, the court should have given him an opportunity to explain himself before arresting him. Also, it was improper procedure to issue a contempt ruling after he was jailed. The court vacated the contempt order.

Rita v. Malatzky: NYLJ, p. 30, col. 2 (4/18/96) (Sup. Ct. NY; Solomon, J)