In order to find contempt, it must be determined that the court's lawful order, clearly expressing an unequivocal mandate, was disobeyed. Moreover, the party to be held in contempt must have had knowledge of the order. Finally, there must be a showing of prejudice to the right of a party to the litigation, pursuant to Judiciary Law § 753[A]. The burden of proof is on the proponent of the contempt motion, and the contempt must be established by clear and convincing evidence.
Abizadeh v. Abizadeh, NY Slip Op 00279 (2d Dep't January 20, 2021)
