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CAYRE v. PINELLI

161708/14, 9435N, 9434.

172 A.D.3d 611 (2019)

98 N.Y.S.3d 840

2019 NY Slip Op 04102

Steven J. Cayre, Appellant, v. Massimo Pinelli et al., Respondents.

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

Decided May 28, 2019.

Given defendant's substantial compliance with the so-ordered stipulation and what the record shows was inadvertence with respect to the one item not completed, plaintiff failed to establish a basis on which to hold defendant in civil contempt (see El-Dehdan v El-Dehdan, 26 N.Y.3d 19, 29 [2015]). Further, plaintiff failed to show by clear and convincing evidence that even the one alleged deficiency in defendant's compliance was the...

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