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YORK v. YORK

2009-00943

69 A.D.3d 620 (2010)

891 N.Y.S.2d 296

2010 NY Slip Op 143

ESTHER YORK, Appellant, v. JOSEPH YORK, Respondent.

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

Decided January 5, 2010.

Ordered that the order dated January 23, 2009, is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion to hold the husband in contempt for the willful violation of an order dated July 30, 2008. The defendant's failure to comply with the order was not willful, since the plaintiff's actions prevented him from complying.

The plaintiff's remaining contention...

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