Practice point: Granting the motion requires a finding that (1) there was a court's lawful order, clearly expressing an unequivocal mandate; (2) the party against whom contempt is sought disobeyed the order; (3) the disobedient party had knowledge of the order and its terms; and (4) the movant was prejudiced by the non-movant's offending conduct. It is not necessary that the disobedience be deliberate or willful; regardless of motive, the mere act of disobedience is sufficient if it defeats, impairs, impedes, or prejudices the rights or remedies of a party.
Student note: The motion is addressed to the court's sound discretion, and the movant bears the burden of proving the contempt by clear and convincing evidence.
P.B. #7, LLC v 231 Fourth Ave. Lyceum, LLC, NY Slip Op 08945 (2d Dep't December 26, 2018)
Here is the decision.
