Legal Opinion

Moore v. Davidson

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

Decided December 23, 2008PublishedCited by 9 opinions

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

  1. McCain v. DinkinsNew York Court of Appeals · 1994
  2. Goldsmith v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1999
  3. Town of Virgil v. FordAppellate Division of the Supreme Court of the State of New York · 1992
  4. Romanello v. DavisAppellate Division of the Supreme Court of the State of New York · 2008
  5. 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

  1. Halfond v. White Lake Shores Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
  2. Cantalupo Construction Corp. v. 2319 Richmond Terrace Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Viacom Outdoor Group, Inc. v. McClairAppellate Division of the Supreme Court of the State of New York · 2009
  4. HALFOND, IRA v. WHITE LAKES SHORES ASSOCIATION, INCAppellate Division of the Supreme Court of the State of New York · 2014
  5. 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.

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