In order to prevail on the motion, the movant must establish, by clear and convincing evidence (1) that a lawful order of the court 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. Wilfulness is not an element of civil contempt, but the party alleged to be in contempt may offer as a defense evidence of his inability to comply with the order or judgment. The motion is entrusted to the sound discretion of the court.
Bauman v. Bauman, NY Slip Op 04945 (2d Dep't August 17, 2022)
