Riverside Capital Advisers, Inc. v. First Secured Capital Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*871After a finding of contempt has been made, it is the contemnor’s burden to demonstrate that he or she has purged the contempt or that it is impossible for him or her to purge (see Bansal v Bansal, 281 AD2d 503, 504 [2001]; James Talcott Factors v Larfred, Inc., 115 AD2d 397, 401 [1985]; Matter of Storm, 28 AD2d 290, 294 [1967]). The contemnor must demonstrate compliance by clear and convincing evidence (see Matter of Nestler v Nestler, 125 AD2d 836, 837 [1986]). Contrary to their contentions, the appellants did not demonstrate compliance by clear and convincing evidence.
Pursuant to Judiciary…
2Cases cited9 opinions
- State of NY v. Unique IdeasNew York Court of Appeals · 1978
- In re HildrethAppellate Division of the Supreme Court of the State of New York · 1967
- Corpuel v. GalassoAppellate Division of the Supreme Court of the State of New York · 1997
- James Talcott Factors, Inc. v. Larfred, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Riverside Capital Advisors, Inc. v. First Secured Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2006
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