In order to prevail on the motion, the movant must prove, by clear and convincing evidence, that (1) there was a lawful court order, clearly expressing an unequivocal mandate; (2) the offending party disobeyed the order; (3) the offending party had knowledge of its terms; and (4) the movant was prejudiced by the offending conduct. When the movant establishes a knowing failure to comply with a clear and unequivocal court mandate, the burden shifts to the offending party to refute the movant's showing, or to offer evidence of a defense, such as an inability to comply with the order. The motion is addressed to the sound discretion of the court.
Matter of Weiss v. Rosenthal, NY Slip Op 03595 (2d Dep't June 9, 2021)
