ABL ADVISOR LLC v. PECK

NO. M-363, 3230, 3231, 3232, 651985/15

147 A.D.3d 689 (2017)

49 N.Y.S.3d 35

2017 NY Slip Op 01499

ABL ADVISOR LLC et al., Respondents, v. IAN S. PECK et al., Appellants.

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

Decided February 28, 2017.


Supreme Court improvidently exercised its discretion when it found defendants to be in contempt of the court's order dated January 6, 2016 (see Matter of Lipsig [Manus], 139 A.D.3d 600, 600-601 [1st Dept 2016]). The January 6, 2016 order clearly contemplated a potential settlement, and directed defendants to bring in a check and releases for a settlement conference on January 21, 2016. On January 20, 2016, plaintiffs unequivocally...

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