CONTEMPT FOR BIANCA JAGGER

Last week, Bianca Jagger--international jet-setter, social activist and former spouse of Rolling Stone, Mick--almost went to jail for not paying her rent. (Apparently, Ms. Jagger gave her landlord "no satisfaction.")

"Doo Doo Doo Doo Doo...."

In an order filed on September 1, 2006, a New York County Supreme Court Justice found Bianca in contempt of court for "willfully disobeying the explicit directives of two prior court orders requiring [Bianca] Jagger to pay rent and/or use and occupancy" to her landlord, Katz Park Avenue Corporation. The court perceived Jagger's conduct as "calculated to...defeat, impair, impede and prejudice [Katz's] rights and remedies."

"Doo Doo Doo Doo Doo...."

In addition to a $500 fine, Jagger was directed to pay $4,614.29--her February 2006 rent--into court and to continue paying that sum while the case is pending, "on the first day of each month, without setoff or deduction."

"Doo Doo Doo Doo Doo...."

The Supreme Court's order just doesn't sit right with us. For some two centuries, the law has been that you can't imprison tenants for not paying their rent. (Think about it. If it had been a remedy readily available to landlords, loads of non-paying tenants would be housed in penal institutions throughout our great state.)

"Doo Doo Doo Doo Doo...."

While a court has the power to punish a party for civil contempt when there is a "non-payment of a sum of money, ordered or adjudged by the court to be paid," that procedure is restricted to "where by law execution can not be awarded for the collection of such sum...." [Judiciary Law section 753(A)(3)]. In other words, if a money judgment will afford an opposing party sufficient relief then--according to established appellate caselaw--"the remedy of contempt is unavailable."*

"Doo Doo Doo Doo Doo...."

Since Bianca is good for the money, we're not quite sure why things went the way they did. But, as the saying goes, it ain't over till the skinny (old) guy sings....

"Hey! You! Get off of my cloud...."

For a copy of the Supreme Court's Order in Jagger v. Katz Park Avenue Corp., please click on the following link:
Bianca Jagger

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* See, e.g., 4504 New Utrecht Ave. Corp v. Pita Parlor, Inc., 143 A.D2d 171, 531 N.Y.S.2d 622 (2d Dep't 1988) ("The plaintiffs were entitled...to the alternative relief requested in their motion, which was for a judgment for the use and occupancy arrears."); Takaya v. Syndicom Corp., N.Y.L.J., 6/15/01, p. 20, col. 1 (App.Term, 1st Dep't) ("The remedy of civil contempt was unavailable for tenants' failure to comply with a prior order directing them to pay use and occupancy, since the order was enforceable as a money judgment pursuant to CPLR Article 52....").