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WHEELS AMERICA NEW YORK, LTD v. MONTALVO

50 A.D.3d 1130 (2008)

856 N.Y.S.2d 247

WHEELS AMERICA NEW YORK, LTD, Appellant-Respondent, v. FELIX MONTALVO et al., Respondents-Appellants.

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

Decided April 29, 2008.

Ordered that the cross appeal is dismissed as withdrawn; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants.

To 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

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