N.Y. Judiciary Law § 773: Amount of fine

§ 773. Amount of fine. 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.