Contempt.

Practice point: Contempt is a drastic remedy which should not be granted absent a clear right to the relief.

Student note: Defendants’ failure to appear for a continued deposition on the advice of counsel, based upon an imminent bankruptcy filing, does not rise to the level of contempt. Even though it was in disobedience of a court order, plaintiff failed to show that it was prejudiced, since plaintiff's counsel had failed to pursue relevant questions in the earlier deposition and is still able to depose defendant.

Case: Benson Park Assoc. LLC v. Herman, NY Slip Op 02399 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Probative value.