60 E. 9TH ST. OWNERS CORP. v. ZIHENNI

Index No. 104135/08. Appeal No. 14919. Case No. 2021-02527.

200 A.D.3d 587 (2021)

155 N.Y.S.3d 764

2021 NY Slip Op 07494

60 E. 9th Street Owners Corp., Respondent, v. Albert N. Zihenni, Appellant.

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

Decided December 28, 2021.


Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, LLP, White Plains ( Vincent W. Crowe , of counsel), for appellant.

Smith, Buss & Jacobs, LLP, Yonkers ( John J. Malley of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.


The motion court providently exercised its discretion in granting the motion to hold 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 the violation resulted in prejudice to plaintiff (Judiciary Law § 753; see El-Dehdan v El-Dehdan, 26 N.Y.3d 19, 29...

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