New York Consolidated Laws

N.Y. Judiciary Law § 753 (2026)

Power of courts to punish for civil contempts

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar
§ 753. Power of courts to punish for civil contempts.
  A. A court of record has power to punish, by fine and imprisonment, or
either, a neglect or violation of duty, or other misconduct, by which a
right or remedy of a party to a civil action or special proceeding,
pending in the court may be defeated, impaired, impeded, or prejudiced,
in any of the following cases:
  1. An attorney, counsellor, clerk, sheriff, coroner, or other person,
in any manner duly selected or appointed to perform a judicial or
ministerial service, for a misbehavior in his office or trust, or for a
wilful neglect or violation of duty therein; or for disobedience to a
lawful mandate of the court, or of a judge thereof, or of an officer
authorized to perform the duties of such a judge.
  2. A party to the action or special proceeding, for putting in
fictitious bail or a fictitious surety, or for any deceit or abuse of a
mandate or proceeding of the court.
  3. A party to the action or special proceeding, an attorney,
counsellor, or other person, for the non-payment of a sum of money,
ordered or adjudged by the court to be paid, in a case where by law
execution can not be awarded for the collection of such sum except as
otherwise specifically provided by the civil practice law and rules; or
for any other disobedience to a lawful mandate of the court.
  4. A person, for assuming to be an attorney or counsellor, or other
officer of the court, and acting as such without authority; for rescuing
any property or person in the custody of an officer, by virtue of a
mandate of the court; for unlawfully detaining, or fraudulently and
wilfully preventing, or disabling from attending or testifying, a
witness, or a party to the action or special proceeding, while going to,
remaining at, or returning from, the sitting where it is noticed for
trial or hearing; and for any other unlawful interference with the
proceedings therein.
  5. A person subpoenaed as a witness, for refusing or neglecting to
obey the subpoena, or to attend, or to be sworn, or to answer as a
witness.
  6. A person duly notified to attend as a juror, at a term of the
court, for improperly conversing with a party to an action or special
proceeding, to be tried at that term, or with any other person, in
relation to the merits of that action or special proceeding; or for
receiving a communication from any person, in relation to the merits of
such an action or special proceeding, without immediately disclosing the
same to the court; or a person who attends and acts or attempts to act
as a juror in the place and stead of a person who has been duly notified
to attend.
  7. An inferior magistrate, or a judge or other officer of an inferior
court, for proceeding, contrary to law, in a cause or matter, which has
been removed from his jurisdiction to the court inflicting the
punishment; or for disobedience to a lawful order or other mandate of
the latter court.
  8. In any other case, where an attachment or any other proceeding to
punish for a contempt, has been usually adopted and practiced in a court
of record, to enforce a civil remedy of a party to an action or special
proceeding in that court, or to protect the right of a party.
  B. A court not of record has such power to punish for a civil contempt
as is specifically granted to it by statute.
Notes of Decisions
Cited in 490 cases (115 in the last 5 years), 1985–2026 · leading case: El-Dehdan v. El-Dehdan, 114 A.D.3d 4 (N.Y. App. Div. 2013).
El-Dehdan v. El-Dehdan, 114 A.D.3d 4 (N.Y. App. Div. 2013). · cites it 9× “mits a court “to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced,” in various…”
El-Dehdan v. El-Dehdan, 41 N.E.3d 340 (NY 2015). · cites it 3× “Elements of Civil Contempt and Plaintiff’s Burden of Proof Under Judiciary Law § 753, “[a] court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or…”
Gabrelian v. Gabrelian, 108 A.D.2d 445 (N.Y. App. Div. 1985). · cites it 5× “The power to punish for civil contempt, however, is much broader and includes the power to punish a party for any “abuse of a mandate or proceeding of the court” (Judiciary Law § 753 [A] [2]). Where a party is adjudged to be in civil contempt, a fine sufficient to indemnify the…”
Gottlieb v. Gottlieb, 137 A.D.3d 614 (N.Y. App. Div. 2016). · cites it 4× “The record supports the trial court's determination that the parents were actually aware of, and disobeyed, a clear and unequivocal court directive, thereby prejudicing plaintiff's rights, justifying the finding of civil contempt ( see Judiciary Law § 753[A][3]; McCain v Dinkins…”
Lisa T. v. King E. T., 91 N.E.3d 1215 (2017). · cites it 2× “In contrast, a civil finding of contempt may result in jail time or fines, attorney's fees, or bail forfeiture ( see Judiciary Law § 753 ; Family Court Act § 846-a ).”
Labanowski v. Labanowski, 4 A.D.3d 690 (N.Y. App. Div. 2004). · cites it 3× ““To sustain a finding of civil contempt based upon a violation of a court order, it is necessary to establish that a lawful court order clearly expressing an unequivocal mandate was in effect and that the person alleged to have violated that order had actual knowledge of its…”
Dreher v. Martinez, 2017 NY Slip Op 7707 (N.Y. App. Div. 2017). · cites it 5× “), entered May 23, 2016, which denied those branches of their motion which were to hold the plaintiff in criminal contempt pursuant to Judiciary Law § 750 (A) and civil contempt pursuant to CPLR 5104, and directed a framed-issue hearing to determine that branch of the…”
Brill v. City of New York, 814 N.E.2d 431 (NY 2004). “* See, for example, McCain v Dinkins ( 84 NY2d 216 [1994] [imposition of fines against City of New York following contempt proceedings and citing Judiciary Law § 753 (A) (3) as authority for said imposition]).”
Betancourt v. Boughton, 204 A.D.2d 804 (N.Y. App. Div. 1994). · cites it 4× “Judiciary Law § 753 (A) (3) provides that a party may be held in civil contempt for failing to obey a "lawful *808 mandate of the court”.”
McCain v. Dinkins, 639 N.E.2d 1132 (NY 1994). · cites it 2× “In addition, prejudice to the rights of a party to the litigation must be demonstrated (see, Judiciary Law § 753 [A]; Matter of McCormick v Axelrod, 59 NY2d 574 , supra).”
Matter of Marotta v. Marotta, 2023 NY Slip Op 03694 (N.Y. App. Div. 2023). · cites it 2× “In order for contempt sanctions to be imposed pursuant to Judiciary Law § 753(A), willfulness need not be shown ( see El-Dehdan v El-Dehdan , 26 NY3d at 33-35 ).”
Dep't of Env't Prot. v. Dep't of Env't Conservation, 513 N.E.2d 706 (NY 1987). · cites it 2× “Consequently, it must be held in criminal contempt and the fine is fixed in the amount of $250, the maximum permitted by law (Judiciary Law § 751 [1]).”
— N.Y. Judiciary Law § 753(5) — 1 case
Figueroa v. 5 Star Auto Sales Inc., 2024 NY Slip Op 24170 (2024).
— N.Y. Judiciary Law § 753(A) — 10 cases
Matter of Marotta v. Marotta, 2023 NY Slip Op 03694 (N.Y. App. Div. 2023). “In order for contempt sanctions to be imposed pursuant to Judiciary Law § 753(A), willfulness need not be shown ( see El-Dehdan v El-Dehdan , 26 NY3d at 33-35 ).”
Calcutti v. SBU., INC., 223 F. Supp. 2d 517 (S.D.N.Y. 2002).
Matter of Ainsley v. Parke, 2023 NY Slip Op 01993 (N.Y. App. Div. 2023).
Dankner v. Steefel, 41 A.D.3d 526 (N.Y. App. Div. 2007).
People v. S.O., 2025 NY Slip Op 52013(U) (N.Y. Sup. Ct., New York Cty. 2025).
— N.Y. Judiciary Law § 753(A)(1) — 1 case
Green v. IPRO, 2024 NY Slip Op 34276(U) (N.Y. Sup. Ct., New York Cty. 2024).
— N.Y. Judiciary Law § 753(A)(3) — 20 cases
Matter of Marotta v. Marotta, 2023 NY Slip Op 03694 (N.Y. App. Div. 2023). “In order for contempt sanctions to be imposed pursuant to Judiciary Law § 753(A), willfulness need not be shown ( see El-Dehdan v El-Dehdan , 26 NY3d at 33-35 ).”
Lisogor v. Nature's Delight, Inc., 2020 NY Slip Op 07879 (N.Y. App. Div. 2020).
Mezzacappa v. Palladino, 2020 NY Slip Op 853 (N.Y. App. Div. 2020).
Matter of Ainsley v. Parke, 2023 NY Slip Op 01993 (N.Y. App. Div. 2023).
Banana Kelly Prospect HDFC. v. Banks, 2024 NY Slip Op 50681(U) (Civ. Ct. NYC, Bronx Cty. 2024).
— N.Y. Judiciary Law § 753(a) — 2 cases
Felicie v. HHRMC, 2024 NY Slip Op 51770(U) (Civ. Ct. NYC, Bronx Cty. 2024).
Greenman v. Miller, 2024 NY Slip Op 33563(U) (N.Y. Sup. Ct., New York Cty. 2024).
— N.Y. Judiciary Law § 753(a)(1) — 1 case
Martinez v. Otero, 2026 NY Slip Op 30801(U) (N.Y. Sup. Ct., New York Cty. 2026).
— N.Y. Judiciary Law § 753(a)(8) — 1 case
Zhou Ni v. Tao Lin, 2025 NY Slip Op 32900(U) (N.Y. Sup. Ct., New York Cty. 2025).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.