Practice point: To prevail on a motion to hold another in civil contempt, the moving party must prove by clear and convincing evidence (1) that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect; (2) that the other party, with knowledge of the order's terms, disobeyed the order; and (3) that the movant was prejudiced by the offending conduct.
Student note: To satisfy the prejudice element, it is sufficient to allege and prove that the contemnor's actions were calculated to or actually did defeat, impair, impede, or prejudice the movant's rights or remedies.
Case: Matter of Michael F. (Shreeis J.), NY Slip Op 05820 (2d Dep't July 26, 2017)
Tomorrow' issue: Striking a pleading.
