OBADIAH v. SHAW


266 A.D.2d 520 (1999)

699 N.Y.S.2d 124

CAROLINE OBADIAH, as Executor of REGINA LEIBOWITZ, Deceased, Appellant, v. MADELYN SHAW, as Executor of JACK LEIBOWITZ, Deceased, Respondent. HERBERT RUBENFELD, Nonparty Appellant; JEFFREY S. HORN, Nonparty Respondent.

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

Decided November 29, 1999.


Ordered that the order is reversed, without costs or disbursements, the court-appointed Referee's motion to hold Regina Leibowitz and Herbert Rubenfeld, Esq., in civil contempt of court is denied, and the matter is remitted to the Supreme Court for further proceedings consistent herewith.

To prevail on a motion to punish a party for civil contempt, the movant must demonstrate that the party so charged violated a clear and unequivocal court order (see, Judiciary...

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