Legal Opinion
Korea Chosun Daily Times, Inc. v. Dough Boy Donuts Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2015No. 2014-07665PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated June 5, 2014, which denied its motion to hold the defendants in civil contempt for their alleged failure to honor a subpoena deuces tecum.
Ordered that the order is affirmed, with costs.
To find a party in civil contempt pursuant to Judiciary Law § 753, the applicant must demonstrate, 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…
2Cases cited6 opinions
- Bernard-Cadet v. GobinAppellate Division of the Supreme Court of the State of New York · 2012
- Torah v. Kesher International Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- State Farm Fire & Casualty v. Parking Systems Valet ServiceAppellate Division of the Supreme Court of the State of New York · 2011
- Gray v. GiarrizzoAppellate Division of the Supreme Court of the State of New York · 2008
- Ciafone v. Queens Center for Rehabilitation & Residential HealthcareAppellate Division of the Supreme Court of the State of New York · 2015
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3Cited by4 opinions
- Jerweb Realty v. GreavesAppellate Terms of the Supreme Court of New York · 2018
- RICCELLI ENTERPRISES, INC. v. STATE OF NEW YORK WORKERS' COMPENSAAppellate Division of the Supreme Court of the State of New York · 2016
- Riccelli Enterprises, Inc. v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2016
- Riccelli Enterprises, Inc. v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2016