Manning v. Manning
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1058In order to sustain a finding of civil contempt under Judiciary Law § 753 based on a violation of a court order, it is necessary to establish by clear and convincing evidence that a lawful court order clearly expressing an unequivocal mandate was in effect, that the person alleged to have violated the order had actual knowledge of its terms, and that the violation has defeated, impaired, impeded, or prejudiced the rights of a party (see Schwartz v Schwartz, 79 AD3d 1006, 1009 [2010]; Dankner v Steefel, 41 AD3d 526, 527-528 [2007]; Hinkson v Daughtry-Hinkson, 31 AD3d 608 [2006]). Here, the…
2Cases cited10 opinions
- Johnson v. ChapinNew York Court of Appeals · 2009
- Chan v. ChanAppellate Division of the Supreme Court of the State of New York · 1999
- DeSouza-Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 2010
- Fugazy v. FugazyAppellate Division of the Supreme Court of the State of New York · 2007
- Hinkson v. Daughtry-HinksonAppellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- El-Dehdan v. El-DehdanAppellate Division of the Supreme Court of the State of New York · 2013
- HOWELL, PATRICK A. v. LOVELL, FAATIMAH A.Appellate Division of the Supreme Court of the State of New York · 2013
- Vider v. ViderAppellate Division of the Supreme Court of the State of New York · 2011
- Formosa v. LittAppellate Division of the Supreme Court of the State of New York · 2012
- Suiss v. BaronAppellate Division of the Supreme Court of the State of New York · 2013
11 more not listed; retrieve them via the Exa API.