Legal Opinion

Town Board of Town of Southampton v. R.K.B. Realty, LLC

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 2012PublishedCited by 19 opinions

1Opinion of the Court

*629“To sustain a finding of either civil or criminal contempt based on an alleged violation of a court order it is necessary to establish that a lawful order of the court clearly expressing an unequivocal mandate was in effect,” that “the order has been disobeyed,” and that the charged party “had knowledge of the court’s order” (Matter of Department of Envtl. Protection of City of N.Y. v Department of Envtl. Conservation of State of N.Y., 70 NY2d 233, 240 [1987]; see Town of Copake v 13 Lackawanna Props., LLC, 73 AD3d 1308, 1309 [2010]). The same act may be punishable as both a criminal and…

2Cases cited14 opinions

  1. McCain v. DinkinsNew York Court of Appeals · 1994
  2. Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
  3. State of NY v. Unique IdeasNew York Court of Appeals · 1978
  4. Dalessio v. KresslerAppellate Division of the Supreme Court of the State of New York · 2004
  5. Department of Housing Preservation & Development v. Deka Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. El-Dehdan v. El-DehdanNew York Court of Appeals · 2015
  2. El-Dehdan v. El-DehdanAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of WinogradAppellate Division of the Supreme Court of the State of New York · 2020
  4. Penavic v. PenavicAppellate Division of the Supreme Court of the State of New York · 2013
  5. GMCK Realty, LLC v. MihalatosAppellate Division of the Supreme Court of the State of New York · 2012

14 more not listed; retrieve them via the Exa API.

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