Legal Opinion
Giano v. Ioannou
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2007PublishedCited by 7 opinions
1Opinion of the Court
In an action, inter alia, for an accounting, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated July 11, 2006, which denied his motion to hold the defendant in civil contempt for failure to comply with an order of the same court dated October 24, 2005.
Ordered that the order is affirmed, without costs or disbursements.
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…
2Cases cited5 opinions
- McCormick v. AxelrodNew York Court of Appeals · 1983
- McCain v. DinkinsNew York Court of Appeals · 1994
- JC Manufacturing Corp. v. NPI Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- 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
3Cited by7 opinions
- Incorporated Village of Plandome Manor v. IoannouAppellate Division of the Supreme Court of the State of New York · 2008
- Automated Waste Disposal, Inc. v. Mid-Hudson Waste, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Wheels America New York, Ltd. v. MontalvoAppellate Division of the Supreme Court of the State of New York · 2008
- Casavecchia v. MizrahiAppellate Division of the Supreme Court of the State of New York · 2008
- Halfond v. White Lake Shores Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
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