Casavecchia v. Mizrahi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*703To sustain a finding of civil contempt, a court must find that the alleged contemnor violated a lawful order of the court, clearly expressing an unequivocal mandate, of which that party had knowledge, and that as a result of the violation a right of a party to the litigation was prejudiced (see Judiciary Law § 753 [A] [3]; McCain v Dinkins, 84 NY2d 216, 226 [1994]; Kalish v Lindsay, 47 AD3d 889 [2008]; Giano v Ioannou, 41 AD3d 427 [2007]). “[I]t is not necessary that the disobedience be deliberate or willful; rather, the mere act of disobedience, regardless of its motive, is sufficient if…
2Cases cited6 opinions
- McCain v. DinkinsNew York Court of Appeals · 1994
- Incorporated Village of Plandome Manor v. IoannouAppellate Division of the Supreme Court of the State of New York · 2008
- Hinkson v. Daughtry-HinksonAppellate Division of the Supreme Court of the State of New York · 2006
- Kalish v. LindsayAppellate Division of the Supreme Court of the State of New York · 2008
- Giano v. IoannouAppellate Division of the Supreme Court of the State of New York · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Philie v. SingerAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Figueroa-Rolon v. TorresAppellate Division of the Supreme Court of the State of New York · 2014
- Rose v. LevineAppellate Division of the Supreme Court of the State of New York · 2011
- Alderman v. AldermanAppellate Division of the Supreme Court of the State of New York · 2010
- Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.