MASSIMI v. MASSIMI


56 A.D.3d 624 (2008)

RICHARD P. MASSIMI, Respondent, v. MELISSA MASSIMI, Appellant.

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

November 18, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to hold the defendant in contempt is denied.

"In order to find that contempt has occurred in a given case, it must be determined that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect. It must appear, with reasonable certainty, that the order has been disobeyed. Moreover, the party to be held in contempt must have had knowledge of...

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