Section 773. Amount of fine  


Latest version.
  • If an actual loss or injury has been caused to
      a party to an action or special proceeding, by reason of the  misconduct
      proved  against  the  offender,  and  the  case  is  not one where it is
      specially prescribed by law, that an action may be maintained to recover
      damages for the loss or injury, a  fine,  sufficient  to  indemnify  the
      aggrieved  party,  must be imposed upon the offender, and collected, and
      paid over to the aggrieved party, under the direction of the court.  The
      payment  and  acceptance of such a fine constitute a bar to an action by
      the aggrieved party, to recover damages for the loss or injury.
        Where it is not shown that such an actual  loss  or  injury  has  been
      caused,  a  fine  may  be  imposed,  not  exceeding  the  amount  of the
      complainant's costs and expenses, and two hundred and fifty  dollars  in
      addition  thereto,  and  must  be  collected and paid, in like manner. A
      corporation may be fined as prescribed in this section.
        If a fine is imposed to punish an offense committed with respect to an
      enforcement procedure under the civil practice law and rules or pursuant
      to section two hundred forty-five of the domestic relations law, and  it
      has  not  been  shown that such an actual loss or injury has been caused
      and the defendant has not appeared upon the return of  the  application,
      the  order imposing fine, if any, shall include a provision granting the
      offender leave to purge himself of the contempt within  ten  days  after
      personal service of the order by appearing and satisfying the court that
      he  is  unable  to  pay  the fine or, in the discretion of the court, by
      giving an undertaking in a sum to be fixed by the court conditioned upon
      payment of the fine plus costs  and  expenses  and  his  appearance  and
      performance  of  the  act or duty, the omission of which constitutes the
      misconduct for which he is to be punished. The order may also include  a
      provision  committing  the  offender to prison until the fine plus costs
      and expenses are paid, or until he is discharged according to law.  Upon
      a  certified  copy  of  the  order imposing fine, together with proof by
      affidavit that more than ten days have elapsed  since  personal  service
      thereof upon the offender, and that the fine plus costs and expenses has
      not  been paid, the court may issue without notice a warrant directed to
      the sheriff or other enforcement officer of any  jurisdiction  in  which
      the  offender  may  be  found. The warrant shall command such officer to
      arrest the offender forthwith and bring him before the court, or a judge
      thereof, to be committed or for such other disposition as the  court  in
      its discretion shall direct.