Moore v. Davidson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*863“In order to prevail on a motion to punish a party for civil contempt, the movant must demonstrate that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to the litigation” (Goldsmith v Goldsmith, 261 AD2d 576, 577 [1999]; see Judiciary Law § 753 [A] [3]; McCain v Dinkins, 84 NY2d 216, 226 [1994]). In this case, the finding of civil contempt was not based upon a clear and unequivocal order since the underlying judgment failed to establish the boundary line of the plaintiffs’ property and thus the permissible location of the…
2Cases cited7 opinions
- McCain v. DinkinsNew York Court of Appeals · 1994
- Goldsmith v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1999
- Town of Virgil v. FordAppellate Division of the Supreme Court of the State of New York · 1992
- Romanello v. DavisAppellate Division of the Supreme Court of the State of New York · 2008
- Gerelli Insurance Agency, Inc. v. GerelliAppellate Division of the Supreme Court of the State of New York · 2005
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- HALFOND, IRA v. WHITE LAKES SHORES ASSOCIATION, INCAppellate Division of the Supreme Court of the State of New York · 2014
- Halfond v. White Lake Shores Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
4 more not listed; retrieve them via the Exa API.