Posts Categorized: Contempt

Posted: November 16, 2017

Non-Party With Knowledge of Order Held in Contempt for Violating It

On November 14, 2017, the First Department issued a decision in Tishman Construction Corp. v. United Hispanic Construction Workers, Inc., 2017 NY Slip Op. 07967, holding a non-party in contempt for violating an order of which he had knowledge, explaining: The court properly found that appellants disobeyed the stipulation and order, which was negotiated by… Read more »

Posted: July 3, 2016

New York Forum Selection Clause Gave Court Jurisdiction to Hold Party in Contempt

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 »

Posted: June 13, 2016

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 »

Posted: May 18, 2016

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 »

Posted: March 30, 2016

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 »

Posted: February 23, 2015

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 »