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MONACO v. MONACO

12141, 301950/09

116 A.D.3d 452 (2014)

984 N.Y.S.2d 311

2014 NY Slip Op 2345

THOMAS MONACO, Respondent, v. TRACEY MONACO, Appellant.

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

Decided April 3, 2014.

Defendant failed to show that plaintiff violated an unequivocal mandate or that she was prejudiced, and thus a finding of contempt was not warranted (see Matter of McCormick v Axelrod, 59 N.Y.2d 574, 583 [1983]). The language in the parties' agreement regarding the parties' obligation to foster a feeling of affection between the children and the other parent did not clearly prohibit the...

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