Court Denies Foreign Individuals’ Request To Appear At Contempt Hearing Virtually, Requiring In-Person Attendance

Posted: April 17, 2026 / Written by: Samuel L. Butt, Channing J. Turner, Thomas A. Kissane, Joshua Wurtzel / Category Contempt

Court Denies Foreign Individuals’ Request To Appear At Contempt Hearing Virtually, Requiring In-Person Attendance

On March 5, 2026, Justice Andrea Masley denied permission sought by two individuals located in Panama to appear virtually for a hearing on a motion seeking to hold them in contempt. In Glencore Ltd. v. Kamca Trading S.A., et al., Index No. 651244/2025, the Court had entered a temporary restraining order (TRO) and preliminary injunction enjoining the defendant companies from pursuing claims in a Panama lawsuit. The Court later granted a motion by the plaintiff holding those companies in contempt for failing to abide by the injunctions, and the Court directed agents of the companies to appear in-person for a hearing on violations of the Court’s orders. The Court denied a motion by the agents (the Kahns) to appear remotely, explaining:

The Kahns also fail to state any travel restrictions that would prevent them from traveling to the United States. Rather, Danny Kahn Lerner, states that he is facing “serious financial hardship” and traveling to the United States would be a “substantial hardship”. . . . However, he fails to offer any documentation to support his request. Freddy Kahn Lerner fails to state why travel to the United States would be a hardship. . . . Neither Khan provides copies of applications for visas or plane tickets. Absent any documentation from the Kahns demonstrating restrictions on their to travel to the United States, the motions seeking to appear virtually are denied.

The attorneys at Schlam Stone & Dolan have extensive experience with court proceedings involving foreign individuals. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning such issues.