On December 5, 2018, the Second Department issued a decision in Palmieri v. Town of Babylon, 2018 NY Slip Op. 08317, holding that a movant was not required to prove willful and contumacious conduct in order to prevail on a motion for civil contempt, explaining: As an initial matter, the Supreme Court should not have... Read more »
Blogs
Posts Categorized: Contempt
Court Threatens Contemnor With Arrest if He Does Not Purge the Contempt
On August 14, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Kadosh v. Kadosh, 2018 NY Slip Op. 31976(U), threatening a contemnor with arrest if he does not purge his contempt, explaining: A litigant who knowingly causes a court order to be violated may be held in contempt. David... Read more »
Non-Party Properly Held in Contempt for Violating Stipulation and Order of Which He Had Knowledge
On February 6, 2018, the First Department issued a decision in Tishman Constr. Corp. v. United Hispanic Constr. Workers, Inc., 2018 NY Slip Op. 00795, holding a non-party in contempt for violating a stipulation and order, explaining: The court properly found that appellants disobeyed the stipulation and order, which was negotiated by the parties and... Read more »
Party Cannot Be Held in Contempt for Failing to Pay a Fee Award
On November 29, 2017, the Second Department issued a decision in Liang v. Yi Jing Tan, 2017 NY Slip Op. 08364, holding that a party cannot be held in contempt for failing to pay a fee award, explaining: The Supreme Court erred in granting, after a hearing, the plaintiff’s motion to hold the defendants’ attorney... Read more »
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 »
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 »
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 »