PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. v. KWOK HO WAN

Index No. 652077/17. Appeal No. 14555. Case No. 2021-01010.

199 A.D.3d 423 (2021)

153 N.Y.S.3d 862

2021 NY Slip Op 06051

Pacific Alliance Asia Opportunity Fund L.P., Respondent, v. Kwok Ho Wan, Also Known as Kwok Ho, Appellant, et al., Defendants.

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

Decided November 4, 2021.


Attorney(s) appearing for the Case

Ganfer Shore Leeds & Zauderer LLP, New York ( Ira Brad Matetsky of counsel), for appellant.

O'Melveny & Myers LLP, New York ( Anton Metlitsky of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Kennedy, Mendez, JJ.


The motion court acted within its discretion in holding defendant in civil contempt, as plaintiff established by clear and convincing evidence that defendant violated a lawful, clear mandate of the court, of which he had knowledge, and that such violation resulted in prejudice to plaintiff's rights (see El-Dehdan v El-Dehdan, 26 N.Y.3d 19, 29 [2015]; Judiciary Law § 753).

Contrary to defendant's argument, the court did...

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