Matter of Gonnard v. Guido, 141 A.D.3d 649 (N.Y. App. Div. 2016). · Go Syfert
Matter of Gonnard v. Guido, 141 A.D.3d 649 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC
N.Y. App. Div. · 2026 · confidence medium
The court properly limited its award to fees incurred that were directly related to its contemptuous conduct ( see Matter of Gonnard v Guido , 141 AD3d 649, 650 [2d Dept 2016]).
examined Cited as authority (rule) Allmen v. Kimmel (3×)
N.Y. App. Div. · 2025 · confidence medium
Nor did the court err in declining to award attorney's fees as plaintiff did not prevail on her contempt motions ( see Matter of Gonnard v Guido , 141 AD3d 649, 650 [2d Dept 2016]).
discussed Cited as authority (rule) Diamond v. Cooperman
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The Court further finds that Mr. Diamond is entitled to a fine in the form of costs and expenses consisting of reasonable counsel fees for work performed in bringing this Order to Show Cause, plus a $250 fine, as Dr. Cooperman’s conduct in violation of the August 31, 2023 Order caused these costs and expenses to be incurred (Judiciary Law 773 [“Where it is not shown that such an actual loss or injury has been caused, a fine may be imposed, not exceeding the amount of the complainant’s costs and expenses, and two hundred and fifty dollars in addition thereto”]; Gonnard v Guido, 141 AD3d…
discussed Cited as authority (rule) Matter of Guy v. Weichel
N.Y. App. Div. · 2019 · confidence medium
Attorney's fees that are documented and directly related to the contemptuous conduct are generally recoverable unless they are proven excessive or reduced by the court in a reasoned decision" ( Matter of Gonnard v Guido , 141 AD3d 649, 650 [citation omitted]; see Matter of McNelis v Carrington , 116 AD3d 858, 859 ).
discussed Cited as authority (rule) Ackerman v. Midura
N.Y. App. Div. · 2016 · confidence medium
The detailed billing records submitted by the plaintiff’s counsel establish that the legal fees were reasonable and directly related to the defendant’s contemptuous conduct, and the amount of the award did not constitute an improvident exercise of discretion (see Matter of Gonnard v Guido, 141 AD3d 649, 650 [2016]; Pelgrim v Pelgrim, 127 AD3d 710, 714 [2015]).
discussed Cited "see" Matter of DeRosa v. Gong
N.Y. App. Div. · 2023 · signal: see · confidence high
This appeal ensued. "'Judiciary Law § 773 permits recovery of attorney's fees from the offending party by a party aggrieved by the contemptuous conduct'" ( Vider v Vider , 85 AD3d 906, 908 , quoting Schwartz v Schwartz , 79 AD3d 1006, 1010 [internal quotation marks omitted]; see Judiciary Law § 773). "'Attorney's fees that are documented and directly related to the contemptuous conduct are generally recoverable unless they are proven excessive or reduced by the court in a reasoned decision'" ( Matter of Guy v Weichel , 173 AD3d 1027 , 1028, quoting Matter of Gonnard v Guido , 141 AD3d 649, 6…
discussed Cited "see, e.g." Board of Mgrs. of the 7 MetroTech Condominium v. Deruytter
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see also · confidence medium
Attorney’s Fees The Court finds that the Board is entitled to reasonable counsel fees incurred in bringing the contempt motions (Motion Seq. 003 and 004), as Mr. Deruytter’s conduct in violation of the August 2024 Order caused the Board to incur such expenses (Judiciary Law § 773; Abrams v Abrams, 227 AD3d 403 [1st Dept 2024] [“Pursuant to Judiciary Law § 773, a court may award reasonable costs and expenses, including attorney fees, to an aggrieved party as a result of contemptuous conduct”]; see also Matter of Gonnard v Guido, 141 AD3d 649, 650 [2d Dept 2016] [intent of Judiciary La…
Retrieving the full opinion text from the archive…
In the Matter of Stephanie Gonnard, Respondent,
v.
James Guido, Appellant
2014-05558.
Appellate Division of the Supreme Court of the State of New York.
Jul 20, 2016.
141 A.D.3d 649
Rivera, Balkin, Hinds-Radix, Barros.
Cited by 6 opinions  |  Published

Appeal from a money judgment of the Family Court, West-chester County (Nilda Morales-Horowitz, J.), dated July 17, 2014. The money judgment, upon an order of that court dated March 28, 2014, is in favor of the mother and against the father in the principal sum of $46,110.

Ordered that on the Court’s own motion, the notice of appeal from the order dated March 28, 2014, is deemed a premature notice of appeal from the money judgment (see CPLR 5520 [c]); and it is further,

Ordered that the money judgment is affirmed, without costs or disbursements.

The mother filed petitions for enforcement and modification of a Florida judgment and order relating to custody and visitation. After conducting a hearing on the mother’s petitions, the Family Court, in an order entered December 24, 2012, inter alia, found the father to be in contempt of the Florida judgment and order as well as directives of the Family Court, modified custody so as to award the mother sole legal and residential custody of the parties’ child, and awarded the mother attorney’s fees. The father appealed from portions of that order and a prior order of the Family Court entered September 11, 2012, which, inter alia,’ awarded the mother attorney’s fees in the sum of $1,687.50. By decision and order dated July 24, 2013, this Court affirmed those orders insofar as appealed from (see Matter of Gonnard v Guido, 108 AD3d 709 [2013]). Subse[*650] quently, the father appealed from this Court’s decision and order, and the Court of Appeals dismissed the appeal (see Matter of Gonnard v Guido, 22 NY3d 948 [2013]). Thereafter, the mother moved pursuant to Judiciary Law § 773 for an award of attorney’s fees and expenses in the sum of $58,828, consisting of sums incurred with regard to the Family Court proceedings and the father’s appeals. By order dated March 28, 2014, the Family Court granted the mother’s motion to the extent of awarding her attorney’s fees and expenses in the sum of $46,110, reflecting a deduction for the attorney’s fees previously awarded to her. A money judgment dated July 17, 2014 in favor of the mother and against the father in that sum was entered upon that order. The father appeals.

Judiciary Law § 773 permits recovery of attorney’s fees from the offending party by a party aggrieved by contemptuous conduct (see Matter of McNelis v Carrington, 116 AD3d 858, 859 [2014]; Schwartz v Schwartz, 79 AD3d 1006, 1010 [2010]; Children’s Vil. v Greenburgh Eleven Teachers’ Union Fedn. of Teachers, Local 1532, AFT, AFL-CIO, 249 AD2d 435, 435 [1998]). The intent of Judiciary Law § 773 is to indemnify the aggrieved party for costs and expenses incurred as a result of the contempt (see Children’s Vil. v Greenburgh Eleven Teachers’ Union Fedn. of Teachers, Local 1532, AFT, AFL-CIO, 249 AD2d at 435). Attorney’s fees that are documented and directly related to the contemptuous conduct are generally recoverable unless they are proven excessive or reduced by the court in a reasoned decision (see Vider v Vider, 85 AD3d 906, 908 [2011]; Bell v White, 77 AD3d 1241, 1244 [2010]).

Here, the attorney’s fees and expenses awarded by the Family Court and incurred by the mother in connection with Family Court proceedings and the father’s appeal to the Court of Appeals were a direct product of the father’s contemptuous conduct and, thus, were recoverable pursuant to Judiciary Law § 773 (see Data-Track Account Servs., Inc. v Lee, 15 AD3d 962, 963 [2005]; Children’s Vil. v Greenburgh Eleven Teachers’ Union Fedn. of Teachers, Local 1532, AFT, AFL-CIO, 249 AD2d at 435). Moreover, under the circumstances presented, the court providently awarded attorney’s fees related to the father’s appeal to the Court of Appeals pursuant to Domestic Relations Law § 237 (see Domestic Relations Law § 237 [b]).

Contrary to the father’s contentions, the equities of this case did not mitigate against an award of attorney’s fees. Moreover, the Family Court’s award of attorney’s fees was not barred by the doctrine of law of the case (see Erickson v Cross Ready Mix, Inc., 98 AD3d 717 [2012]; Gilligan v Reers, 255 AD2d 486, 487[*651] [1998]).

Rivera, J.P., Balkin, Hinds-Radix and Barros, JJ., concur.