In order to prevail on a motion to hold another party in civil contempt, the movant must prove, by clear and convincing evidence: (1) that a lawful court order was in effect, clearly expressing an unequivocal mandate; (2) the appearance, with reasonable certainty, that the order was disobeyed; (3) that the party to be held in contempt had knowledge of the court's order; and (4) prejudice to the right of a party to the litigation. The burden then shifts to the alleged contemnor to refute the movant's showing, or to offer evidence of a defense, such as an inability to comply with the order.
Board of Mgrs. of Brightwater Towers Condominium v. M. Marin Restoration, Inc., NY Slip Op 03491 (2d Dep't June 1, 2022)
