November 16, 2010

Motion practice.

Practice point: To prevail on a motion for civil contempt, movant must demonstrate a clear and unequivocal mandate of the court, and prejudice of movant's rights.

Students should note that the mere act of disobedience, regardless of motive, can sustain the finding.

Case: Bais Yoel Ohel Feige v. Congregation Yetev Lev D'Satmar of Kiryas Joel, NY Slip Op 07875 (2d Dept. 2010)

Here is the decision.

Tomorrow’s issue: Motion practice.