(212) 725-4423

Blog Post

Court Cannot Sua Sponte Modify So-Ordered Stipulation

The City of New York sought to hold the defendant in contempt for violating the terms of a “so ordered” settlement stipulation.  The Supreme Court declined to hold the defendant in contempt and instead sua sponte doubled the weekly penalty contained in the “so ordered” stipulation from one thousand dollars per week to two thousand dollars per week.  On appeal, the Second Department reversed holding that the Supreme Court did not have the authority to modify the terms of the “so ordered” stipulation.