JC Manufacturing Corp. v. NPI Electric, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*722To obtain a contempt order, the moving party must show that the party charged has violated a clear and unequivocal court order and that the violation prejudiced a right of a party to the litigation (see, Matter of McCormick v Axelrod, 59 NY2d 574, amended on other grounds 60 NY2d 652; Matter of Fishel v New York State Div. of Hous. & Community Renewal, 172 AD2d 835). We agree with the defendant’s contention that the Supreme Court improvidently exercised its discretion in holding it in contempt.
The order dated October 19, 1988, alleged to be violated, inter alia, required the defendant to…
2Cases cited3 opinions
- McCormick v. AxelrodNew York Court of Appeals · 1983
- McCormick v. AxelrodNew York Court of Appeals · 1983
- Fishel v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- Troiano v. IlariaAppellate Division of the Supreme Court of the State of New York · 1994
- Giano v. IoannouAppellate Division of the Supreme Court of the State of New York · 2007
- CBS Rubbish Removal, Inc. v. Town of Babylon Sanitation CommissionAppellate Division of the Supreme Court of the State of New York · 1998
- Bay Parkway Super Clean Car Wash, Inc. v. Accurate Auto Repair, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Ramirez v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1995
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