Legal Opinion

Giorgini v. Goldfield

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

Decided October 31, 2005PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for fraud and conversion of certain insurance commissions, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated March 8, 2004, which denied their motion to adjudicate the plaintiff in civil and criminal contempt.

Ordered that the order is affirmed, with costs.

To succeed on a motion to punish for civil contempt, the moving party must show that the alleged contemnor violated a clear and unequivocal court order and that the violation prejudiced a right of a party to the litigation (see Judiciary Law § 753 [A] [3];…

2Cases cited4 opinions

  1. McCormick v. AxelrodNew York Court of Appeals · 1983
  2. McCain v. DinkinsNew York Court of Appeals · 1994
  3. Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
  4. CBS Rubbish Removal, Inc. v. Town of Babylon Sanitation CommissionAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Wheels America New York, Ltd. v. MontalvoAppellate Division of the Supreme Court of the State of New York · 2008
  2. Kalish v. LindsayAppellate Division of the Supreme Court of the State of New York · 2008

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