August 21, 2008

Civil contempt.

Practice point: To sustain a determination of civil contempt, a court must find that the alleged contemnor violated the court’s lawful and express order, and that, as a result, a party to the litigation was prejudiced, pursuant to Judiciary Law § 753[A][3].

Case: Village of Plandome Manor v. Ioannou, NY Slip Op 06594 (2d Dept. 2008)

The opinion is here.