On June 23, 2016, the First Department issued a decision in Gliklad v. Cherney, 2016 NY Slip Op. 05054, rejecting an argument that the trial court lacked jurisdiction to hold a litigant in contempt, explaining: [Defendant] contends that the trial court lacked personal jurisdiction to issue the contempt order. By decision entered January 21, 2014,… Read more »
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Posts Categorized: Contempt
Commercial Division Remands Party To Jail For Civil Contempt
On June 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Gem Holdco, LLC v. Changing World Technologies, L.P., 2016 NY Slip Op. 31028(U), holding defendants and cross-claim defendants Dennis M. Danzik and RDX Technologies, Inc. (“RDX”) in civil contempt for violating Justice Kornreich’s prior: (a) March 18, 2015… Read more »
Motion for Contempt Denied for Failure to Provide Statutory Warning
On May 18, 2016, the Second Department issued a decision in Community Preservation Corp. v Northern Boulevard Property, LLC, 2016 NY Slip Op. 03844, reversing a judgment of contempt because the party seeking contempt failed exactly to comply with the statutory notice requirements, explaining: The Supreme Court erred in granting the receiver’s motion to hold… Read more »
LLC Member Costs in Defending Dissolution Proceeding Not Payable With LLC Funds
On March 23, 2016, the Second Department issued three decisions in Matter of Kassab v Kasab: 2016 NY Slip Op. 02089, 02090 and 02091, discussing LLC dissolution, including whether an LLC member can use LLC funds to defend a dissolution action. In 2016 NY Slip Op. 02089 and 02090, the Second Department affirmed the dismissal… Read more »
Lawyer Faces Jail For Failing to Provide Evidence
On October 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Hamilton Capital VII, LLC v. Khorrami, LLP, 2015 NY Slip Op. 31986(U), threatening to jail a litigant for failing to provide evidence. In Hamilton Capital VII, the plaintiff brought an action to appoint a receiver over a law… Read more »
Contempt Motion Denied For Improper Service of Subpoena
On July 28, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Board of Managers of the Setai Condominium Residences at 40 Broad St. v. 40 Broad, LLC, 2015 NY Slip Op. 31431(U), denying a motion for contempt for failure to respond to a subpoena because the subpoena had not… Read more »
Civil Contempt Granted For Use of Company Funds to Pay Attorney Fees in a Dissolution Proceeding
On February 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a ruling in Nissim Kassab v. Avraham Kassab et al. granting a motion for civil contempt. Kassab, a hybrid special proceeding and action, concerns an LLC (“Mall”) and a corporation (“Corner”) which own adjoining properties and are both owned 25% by Nissim… Read more »