Legal Opinion
Troiano v. Ilaria
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1994PublishedCited by 9 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered November 13, 1992, which, after a hearing, denied his motion to punish the defendant Alfonso A. Ilaria for 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 has violated a clear and unequivocal court order and that the violation prejudiced a right of a party to the litigation (see, McCain v Dinkins, 84 NY2d 216; JC…
2Cases cited5 opinions
- McCormick v. AxelrodNew York Court of Appeals · 1983
- McCain v. DinkinsNew York Court of Appeals · 1994
- City of Poughkeepsie v. HeteyAppellate Division of the Supreme Court of the State of New York · 1986
- Powell v. ClaussAppellate Division of the Supreme Court of the State of New York · 1983
- JC Manufacturing Corp. v. NPI Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by9 opinions
- CBS Rubbish Removal, Inc. v. Town of Babylon Sanitation CommissionAppellate Division of the Supreme Court of the State of New York · 1998
- Cherico, Stix & Associates v. AbramsonAppellate Division of the Supreme Court of the State of New York · 1997
- Ramirez v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1995
- Hom v. WeintraubAppellate Division of the Supreme Court of the State of New York · 2004
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 2013
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