Court Holds Party In Contempt For Breach Of A Permanent Injunction And An Agreement Settling A Prior Case

Posted: August 4, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Category Contempt

Court Holds Party In Contempt For Breach Of A Permanent Injunction And An Agreement Settling A Prior Case

On May 19, 2025, Justice Andrew Borrok granted motions for a preliminary injunction and to hold a party in contempt based on the breach of an agreement and permanent injunction settling a prior civil case. In Go New York Tours Inc. d/b/a Topview Sightseeing v. Vector Media, LLC, Index No. 151029/2025, the parties had settled a previous dispute concerning advertising rights on vehicles driven in New York City by entering an agreement and consenting to a permanent injunction. Vector Media accused Go New York Tours Inc. (“GONY”) of breaching their agreement and the injunction.

The Court agreed. It explained:

[N]either the agreement nor the Injunction are ambiguous. Not even a little bit. They are the product of substantial negotiations between sophisticated parties represented by counsel. They are well thought through and comprehensive. . . . [T]he record is saturated with evidence of breach by GONY of both the Agreement and the Injunction. The record also includes certain false statements . . . . The record before the Court establishes GONY’s willful and contumacious violation of that order by clear and convincing evidence.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning contractual disputes or contempt proceedings.