The movant must establish that: (1) there was a lawful court order, clearly expressing an unequivocal mandate; (2) with knowledge of the order's terms, the order was disobeyed; and (3) the movant was prejudiced by the offending conduct. There is a showing of prejudice where the offending party's actions were calculated to, or actually did, defeat, impair, impede, or prejudice the rights or remedies of a party. The movant bears the burden of establishing contempt by clear and convincing evidence, and the motion is addressed to the court's sound discretion.
Colon v. Crespo, NY Slip Op 00062 (2d Dep't January 10, 2024)
