Topic: once the movant establishes a knowing failure to comply wit… · Go Syfert
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Topic #38520

3 canonical passages across 2 cases, quoted by 9 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Spina v. Brookwood Ronkonkoma, LLC.

#Case FlagCanonical passage Citers
1 Spina v. Brookwood Ronkonkoma, LLC Anchor
nyappdiv · 2020
green “once the movant establishes a knowing failure to comply with a clear and unequivocal mandate, the burden 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” 5
2 Cutroneo v. Cutroneo
nyappdiv · 2016
green “it is not necessary that the disobedience be deliberate or willful; rather, the mere act of disobedience, regardless of its motive, is sufficient if such disobedience defeats, impairs, impedes, or prejudices the rights or remedies of a party” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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