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MATTER OF CBS RUBBISH REMOVAL, INC. v. TOWN OF BABYLON SANITATION COMM'N

249 A.D.2d 541 (1998)

671 N.Y.S.2d 354

In the Matter of CBS Rubbish Removal, Inc., Respondent, v. Town of Babylon Sanitation Commission et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 27, 1998

Ordered that the order is affirmed, with costs.

To succeed on a motion to punish for civil contempt, the moving party must show that the alleged contemnor violated a clear and unequivocal court order and that the violation prejudiced a right of a party to the litigation (see, McCain v Dinkins, 84 N.Y.2d 216; Troiano v Ilaria, 205 A.D.2d 752; JC Mfg. Corp. v NPI Elec.

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