PINTO v. SANCO SAV COMPANY LIMITED

It is well established that contempt is a drastic remedy which should not be granted absent a clear right to such relief. Whether to be proven beyond a reasonable doubt as is apparently the case with criminal contempt or "`with reasonable certainty'" in the case of civil contempt (N.A. Dev. Co. v Jones, 99 A.D.2d 238, 242), where, as here, there are factual disputes regarding the alleged contemnors' willfulness in disobeying the prior order, which cannot be resolved on the papers, a hearing must be held before a party or its attorney can be adjudicated in contempt.

Concur — Sullivan, J.P., Rosenberger, Kupferman, Smith and Rubin, JJ.