The Appellate Division unanimously reversed, with costs, the Order which denied petitioner's motion to impose contempt sanctions personally on defendant's principal for failing to respond to post-judgment subpoenas, granted the motion, and remanded for the imposition of sanctions. This special proceeding was commenced to compel defendant to respond to an information subpoena and subpoena duces tecum. The Supreme Court found defendant in contempt due to its failure to respond, and gave defendant an opportunity to purge that contempt. On this motion, petitioner seeks an order holding both defendant and its principal in contempt for the continued failure and refusal to respond to the subpoenas. The motion court erred in failing to find the principal in contempt since he was served with the subpoenas and made assurances that defendant would comply, but has refused and failed to do so.
Matter of Goetz Fitzpatrick LLP v. OTR Media Group, Inc., NY Slip Op 01374 (1st Dep't March 9, 2021)
