July 21, 2011

Civil contempt.

Practice point: A  party seeking an adjudication of civil contempt must establish a willful and deliberate violation of a court order, expressing a clear and unequivocal mandate, pursuant to Judiciary Law § 753.

Student note: The burden of proof is on the party seeking the adjudication, and the standard is clear and convincing.

Case: Collins v. Telcoa Intl. Corp., NY Slip Op 05948 (2d Dept. 2011).


Tomorrow’s issue: Corporations.