Practice point: There is a civil contempt when an individual's rights have been harmed by a party's failure to obey a court order.
Practitioners should note that it must be established that a lawful court order was in effect, clearly expressing an unequivocal mandate. It must also appear with reasonable certainty that the alleged contemnor knew of the court’s mandate and, in fact, disobeyed it.
Case: Gryphon Dom. VI, LLC v. APP Intl. Fin. Co., NY Slip Op 00135 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Disbarment.
