TOWN OF RIVERHEAD v. T.S. HAULERS, INC.

2008-08885

68 A.D.3d 1103 (2009)

2009 NY Slip Op 9650

890 N.Y.S.2d 332

TOWN OF RIVERHEAD, Appellant, v. T.S. HAULERS, INC., Respondent.

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

Decided December 22, 2009.


Ordered that the order is affirmed, with costs.

To prevail on a motion to punish for civil contempt, the movant must establish, by clear and convincing evidence (1) that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect, (2) that the order was disobeyed and the party disobeying the order had knowledge of its terms, and (3) that the movant was prejudiced by the offending conduct (see Coyle v Coyle, 63 A.D...

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