You searched for: "Contempt"
Search Results
August 23, 2024
Reliance on Advice of Counsel Not a Defense to Contempt Motion for Failure to Comply With Court Order
On July 12, 2024, Justice Andrea Masley of the New York County Commercial Division issued a decision… Read More
April 12, 2024
Court Grants Civil Contempt for Failure to Cooperate with Court-Appointed Receiver
On March 11, 2024, Justice Andrea Masley of the New York County Commercial Division, issued a decision in Bernstein-Deitcher v Gurwitz, 2024 NY Slip Op 30819(U), granting the motion by the Court-appointed receiver to hold the Defendant in civil contempt for lack of compliance with the Court’s prior order requiring the turnover and sale of certain shares of stock to satisfy an unpaid judgment. The Court held that contempt was appropriate despite Defendants’ compliance with certain aspects of that order after the receiver had moved for contempt. The Court explained: Read More
March 15, 2024
Defendant Held in Civil Contempt and Fined for Violation of Preliminary Injunction Order
On January 25, 2024, Justice Margaret A. Chan of the New York County Commercial Division, issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, Index No. 158207/2022, granting in part plaintiff’s motion insofar as it sought to hold one of the defendants in civil contempt for violating the court’s prior preliminary injunction order. The Court explained: Read More
July 7, 2023
Motion to Hold Defendants in Civil Contempt Denied Where No Unequivocal Mandate
On June 5. 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. TPG Cap. Mgmt., L.P., 2023 N.Y. Misc. LEXIS 2734. The Court denied the plaintiff’s motion to hold certain defendants in civil contempt for allegedly filing a court order permitting plaintiff jurisdictional discovery, holding that the court order plaintiff alleged these defendants had violated did not contain an “unequivocal mandate” required by “[l]ongstanding New York Court of Appeals precedent” to establish civil contempt. Read More
March 11, 2022
Assets In Which Judgment Debtor Has Beneficial Interest, Even if Not Legal Title, Are Subject to Levy
On February 9, 2022, Justice Barry R. Ostrager of the New York County Commercial Division issued a d… Read More
August 16, 2021
Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More
April 9, 2021
Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More
November 28, 2019
Liability for Aiding and Abetting Requires Affirmative Acts, Not Acquiescence
On November 20, 2019, the Second Department issued a decision in Land v. Forgione, 2019 NY Slip Op. … Read More
December 6, 2018
Movant Need Not Prove Willful and Contumacious Conduct to Prevail on Civil Contempt Motion
On December 5, 2018, the Second Department issued a decision in Palmieri v. Town of Babylon, 2018 NY… Read More
September 10, 2018
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… Read More
February 19, 2018
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 Hispa… Read More
December 3, 2017
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 … Read More
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… Read More
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. 050… Read More
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 G… Read More
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 … Read More
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… Read More
November 1, 2015
Lawyer Faces Jail For Failing to Provide Evidence
On October 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
August 16, 2015
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 B… Read More
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 Niss… Read More
