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BODY GLOVE IP HOLDINGS LP v. ON FIVE CORP.

Index No. 652857/21. Appeal No. 526. Case No. 2023-00058.

217 A.D.3d 561 (2023)

192 N.Y.S.3d 25

2023 NY Slip Op 03400

Body Glove IP Holdings LP, Appellant, v. On Five Corporation, Defendant. JP Morgan Chase Bank, N.A., Nonparty Respondent.

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

The Law Office of Thomas M. Mullaney, New York ( Thomas M. Mullaney of counsel) for appellant.

Stagg Wabnik Law Group LLP, Garden City ( Thomas E. Stagg of counsel), for respondent.

Concur—Renwick, P.J., Kennedy, Scarpulla, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered November 17, 2022, which denied plaintiff's motion to hold nonparty respondent JP Morgan Chase in contempt, unanimously affirmed, with costs.

It is undisputed that the amended notice of motion did not comport with the requirements of Judiciary Law § 756 because it did not state on its face that the punishment for contempt may consist of a fine or imprisonment, or both, and omitted a word from...

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