Motion for Contempt in New York

What Is a Motion for Contempt?

Background

A motion for (civil) contempt is designed to vindicate private parties to litigation when another party disobeys a lawful mandate of the court. (McCain v. Dinkins, 84 N.Y.2d 216, 226 [1994].) Civil contempt is an enforcement device, both to punish the violating party, and to “compensate the injured private party for the loss of or interference with the benefits of the mandate.” (Id.)

How to Structure the Motion

A court may enforce and reaffirm its own directives through its contempt powers. (Jud. Law, § 753(A).) A court of record has power to punish, by fine and imprisonment, a neglect or violation of duty by which a right or remedy of a party to a civil action or special proceeding was impaired, impeded, or prejudiced. (Id.)

A party is liable for civil contempt where it is shown that

a lawful order of the court, clearly expressing an unequivocal mandate, was in effect;
the order was disobeyed by a party who had knowledge of its terms; and
the movant was prejudiced by the offending conduct.

(Korea Chosun Daily Times, Inc. v. Dough Boy Donuts Corp., 129 A.D.3d 918, 918 [2nd Dept. 2015]; Goldsmith v. Goldsmith, 261 A.D.2d 576, 577 [2nd Dept. 1999].)

The “movant has the burden of proving the contempt by clear and convincing evidence.” (Penavic v. Penavic, 109 A.D.3d 648, 649-50 [2nd Dept. 2013].) “It is not necessary that the disobedience be deliberate or willful; rather, the mere act of disobedience, regardless of its motive, is sufficient if such disobedience defeats, impairs, impedes or prejudices the rights of a party.” (Casavecchia v. Mizrahi, 57 A.D.3d 702, 703 [2nd Dept. 2008].)

The Court’s Decision

A motion “to punish as a civil contempt the noncompliance with court directives are generally addressed to the sound discretion of the court.” (In re Hildreth, 28 A.D.2d 290, 292 [1st Dept. 1967].) “The ‘extraordinary’ power to impose wholly punitive sanctions for civil contempt ‘should be exercised only very cautiously and where the necessity is clear.’” (Conforti v. Goradia, 234 A.D.2d 237, 239 [1st Dept. 1996].)

“Although a proceeding to punish for civil contempt is a civil proceeding, it is quasi criminal in character. Therefore, the petitioner must be required to establish his affirmative case by more than a fair preponderance of the evidence.” (Hynes v. Hartman, 63 A.D.2d 1, 3-4 [1st Dept. 1978].) While criminal contempt must be proven beyond a reasonable doubt, civil contempt must be proven by clear and convincing evidence. (Town of Copake v. 13 Lackawanna Properties, LLC, 73 A.D.3d 1308, 1309 [3rd Dept. 2010].) Furthermore, criminal contempt requires the plaintiff to establish the wilfulness of the conduct of the accused, whereas civil contempt only requires the plaintiff to establish that the rights of a party have been prejudiced. (Id.)

Monetary Awards

The precise terms of contempt, including the conditions on which the violator may purge itself, are in the sound discretion of the court. (Busch v. Berg, 52 A.D.2d 1082 [4th Dept. 1976].) Upon imposing contempt, the court may fine the violating party by awarding all costs and expenses of the aggrieved party--including legal fees incurred as a result of the contempt--plus an additional fine of $250. (Jud. Law, § 773.)

Fines imposed for civil contempt must be “remedial in nature and effect” and should be formulated “to compensate or indemnify private complainants.” (Town of Southampton v. R.K.B. Realty, LLC, 91 A.D.3d 628, 630-31 [2nd Dept. 2012].) “Any penalty imposed is designed not to punish but, rather, to compensate the injured private party or to coerce compliance with the court’s mandate or both.” (Dept. of Envtl. Protection of City of New York v. Dept. of Envtl. Conservation of State of N.Y., 70 N.Y.2d 233, 239 [1987].)

Documents for Motion for Contempt in New York

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Ennead Architects, Llp v. Cbi Connect, Inc. document preview

NOTICE OF ENTRY (Motion #008) - with Copy of Order - Interim (Motion Relat…

5 pages

INDEX NO. 652401/2023 NYSCEF DOC. NO. 420 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK wane nnn nen neeeee ENNEAD ARCHITECTS, LLP, Index No.: 652401/2023 Plaintif…