DENARO v. ROSALIA


50 A.D.3d 727 (2008)

855 N.Y.S.2d 601

CAROL DENARO et al., Respondents, v. STEPHANIE ROSALIA et al., Appellants, et al., Defendants.

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

Decided April 8, 2008.


Ordered that the judgment is reversed, on the law, with costs, the plaintiffs' motion to hold the appellants in contempt is denied, and the order dated March 1, 2007 is modified accordingly.

To succeed on a motion to hold a party in civil contempt, the moving party must show that the alleged contemnor has, with knowledge of its existence, violated a lawful judicial order expressing an unequivocal mandate, and also that the violation prejudiced a right of a party to...

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