Legal Opinion
Town of Riverhead v. T.S. Haulers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 5 opinions
1Opinion of the Court
To prevail on a motion to punish for civil contempt, the movant must establish, by clear and convincing evidence (1) that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect, (2) that the order was disobeyed and the party disobeying the order had knowledge of its terms, and (3) that the movant was prejudiced by the offending conduct (see Coyle v Coyle, 63 AD3d 657, 658 [2009]; Kalish v Lindsay, 47 AD3d 889 [2008]; Galanos v Galanos, 46 AD3d 507 [2007]; Biggio v Biggio, 41 AD3d 753 [2007]; Gloveman Realty Corp. v Jefferys, 29 AD3d 858, 859 [2006]). To prevail…
2Cases cited9 opinions
- Rubackin v. RubackinAppellate Division of the Supreme Court of the State of New York · 2009
- Biggio v. BiggioAppellate Division of the Supreme Court of the State of New York · 2007
- Galanos v. GalanosAppellate Division of the Supreme Court of the State of New York · 2007
- Coyle v. CoyleAppellate Division of the Supreme Court of the State of New York · 2009
- Wheels America New York, Ltd. v. MontalvoAppellate Division of the Supreme Court of the State of New York · 2008
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Smeal Fire Apparatus Co. v. KreikemeierNebraska Supreme Court · 2010
- El-Dehdan v. El-DehdanAppellate Division of the Supreme Court of the State of New York · 2013
- McGrath v. McGrathAppellate Division of the Supreme Court of the State of New York · 2011
- Rush v. Save My Home Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- El-Dehdan v. El-DehdanAppellate Division of the Supreme Court of the State of New York · 2013