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SIMENS v. DARWISH

8611, 8611A, 105097/09.

100 A.D.3d 527 (2012)

954 N.Y.S.2d 80

INEZ SIMENS et al., Respondents, v. CHARLES DARWISH et al., Appellants.

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

November 20, 2012.

The fact that a party does not comply with a court order does not, in and of itself, constitute criminal contempt (see e.g. Matter of Stone v Stone, 54 A.D.2d 858 [1st Dept 1976]; New York City Coalition to End Lead Poisoning v Giuliani, 245 A.D.2d 49, 50 [1st Dept 1997]). Where, as here, defendant asserts that he did not wilfully disobey the court order in that he believed, in good faith...

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