Was Nancy Waldbaum Nimkoff in contempt of court for not returning her husband's belongings, which included an Oriental rug, desk lamps, jewelry, a fax machine, neckties and a bunch of compact disks?
That was the question reviewed by the New York County Supreme Court and the Appellate Division, First Department, in the case of Nimkoff v. Nimkoff .
Although Ms. Nimkoff was under court order to return her husband's stuff, she relegated the logistics of that transfer to her attorneys. When there was no follow-up, Mr. Nimkoff requested an order finding his wife in violation of the court's directive.
Since the delay was attributable to a "lack of communication," rather than an intent to "defeat, impair, impede or prejudice" her husband's property rights, the AD1 did not believe a contempt sanction was appropriate under the circumstances.
"Lack of communication." Interesting, no?
Could that be a reason these guys were splitting up in the first place?
For a copy of the Appellate Division's decision, please use this link: Nimkoff v. Nimkoff