At page 395 Burden of proof for civil contempt motion13 citing cases“the party seeking to hold another in civil contempt bears the burden of proof”
- Matter of Mingo v. Brown, 176 A.D.3d 945 (N.Y. App. Div. 2d Dep't 2019).publishedTo prevail on a motion to hold another in civil contempt, "the movant must demonstrate that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to the litigation" ( Rupp-Elmasri v El…
- Quinche v. Gonzalez, 94 A.D.3d 1075 (N.Y. App. Div. 2d Dep't 2012).published“To prevail on a motion to punish a party for civil contempt, the movant must demonstrate by clear and convincing evidence that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to…
- Maybaum v. Maybaum, 89 A.D.3d 692 (N.Y. App. Div. 2d Dep't 2011).publishedThe Supreme Court properly denied that branch of the plaintiffs motion which was to hold the defendant in civil contempt for her failure to provide an accurate statement of net worth, as the plaintiff did not meet his burden of proof (see…
- Collins v. Telcoa Int'l Corp., 86 A.D.3d 549 (N.Y. App. Div. 2d Dep't 2011).publishedWhere, as here, a party seeks an adjudication of civil contempt based upon a violation of a court order, he or she must establish a willful and deliberate violation of a lawful court order expressing a clear and unequivocal mandate (see Ju…
- Katz v. Katz, 73 A.D.3d 1134 (N.Y. App. Div. 2d Dep't 2010).publishedTo prevail on a motion to punish a party for civil contempt, the movant must demonstrate by clear and convincing evidence that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to…
- Wheels Am. New York, Ltd. v. Montalvo, 50 A.D.3d 1130 (N.Y. App. Div. 2d Dep't 2008).publishedTo prevail on a motion to punish a party for civil contempt, the movant must demonstrate that the party charged with the contempt violated a clear and unequivocal mandate of the court, thereby prejudicing the movant’s rights (see Judiciary…
- Gray v. Giarrizzo, 47 A.D.3d 765 (N.Y. App. Div. 2d Dep't 2008).publishedA party seeking to hold another party in civil contempt has the burden of proving the contemptuous conduct by clear and convincing evidence (see Rupp-Elmasri v Elmasri, 305 AD2d 394, 395 [2003]; Yeshiva Tifferes Torah v Kesher Inti.
- Fegadel v. Anderson, 40 A.D.3d 1091 (N.Y. App. Div. 2d Dep't 2007).publishedThe father failed to discharge his burden of demonstrating, by clear and convincing evidence, that the mother violated the Family Court’s order denying her initial relocation petition, and he failed to demonstrate that rights secured to hi…
- Dimino v. Dimino, 39 A.D.3d 799 (N.Y. App. Div. 2d Dep't 2007).publishedShe failed to establish that the defendant willfully violated the parties’ stipulation of settlement, which was incorporated into the judgment of divorce, thereby prejudicing her rights (see Rienzi v Rienzi, supra; Vujovic v Vujovic, 16 AD…
- Gloveman Realty Corp. v. Jefferys, 29 A.D.3d 858 (N.Y. App. Div. 2d Dep't 2006).publishedNonetheless, in order to prevail on a motion to hold another in civil contempt, “the movant must demonstrate that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to the litigatio…
Show 3 more citing cases
- Riverside Capital Advisors, Inc. v. First Secured Capital Corp., 28 A.D.3d 455 (N.Y. App. Div. 2d Dep't 2006).publishedA party seeking to hold another in civil contempt bears the burden of proof (see McCain v Dinkins, 84 NY2d 216, 225-227 [1994]; Rupp-Elmasri v Elmasri, 305 AD2d 394, 395 [2003]).
- Rienzi v. Rienzi, 23 A.D.3d 447 (N.Y. App. Div. 2d Dep't 2005).published A party seeking to hold another in civil contempt bears the burden of proof (see McCain v Dinkins, 84 NY2d 216, 227 [1994]; Vujovic v Vujovic, 16 AD3d 490 [2005]; Rupp-Elmasri v Elmasri, 305 AD2d 394, 395 [2003]).
- Vujovic v. Vujovic, 16 A.D.3d 490 (N.Y. App. Div. 2d Dep't 2005).published A party seeking to hold another in civil contempt bears the burden of proof (see McCain v Dinkins, 84 NY2d 216, 227 [1994]; Rupp-Elmasri v Elmasri, 305 AD2d 394, 395 [2003]).
v.
Mohamed Elmasri
In a matrimonial action in which the parties were divorced by judgment entered August 22, 2000, the defendant appeals from an order of the Supreme Court, Suffolk County (Kent, J.), dated October 11, 2001, which denied his motion (1) to adjudicate the plaintiff in civil contempt of the visitation provisions of the judgment of divorce, (2) to modify the custody provisions of the judgment, and (3) for an award of a reasonable attorney’s fee in connection with bringing the motion.
Ordered that the order is affirmed, without costs or disbursements.
The judgment of divorce in this action, which awarded the plaintiff sole custody of the parties’ two children, provides, among other things, that the parties are to divide the summer vacation period equally, so that it consists of alternating two-week periods. The defendant moved to hold the plaintiff in civil contempt of this provision based on her alleged refusal to[*395] permit the defendant visitation with his younger daughter during the summer of 2001.
The party seeking to hold another in civil contempt bears the burden of proof (see McCain v Dinkins, 84 NY2d 216, 227 [1994]). To prevail, “the movant must demonstrate that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to the litigation” (Matter of County of Orange v Rodriguez, 283 AD2d 494, 495 [2001] [internal quotations marks omitted]; see McCain v Dinkins, supra; Judiciary Law § 753 [A]). Here, the defendant did not meet his burden. Accordingly, denial of the defendant’s motion to adjudicate the plaintiff in civil contempt and for other relief based on the allegation of contempt was proper. Santucci, J.P., Luciano, Townes and Rivera, JJ., concur.