Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

157359/2021

Slip Opinion Number

2024 NY Slip Op 30232(U)

Petitioner

325 MANAGEMENT CORP.

Respondent

DANIELLE STATUTO, ALANNA FAITH BLAGOJEVIC, JOHN DOE, JANE DOE

Judge

Goetz, Paul A.

Decision/Order Date

2024-01-18

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

Landlord brought a motion to hold tenant and tenant's attorney in civil contempt for failing to comply with an Appellate Division order to release escrowed funds to landlord. The court granted the motion, finding that tenant and tenant's attorney had disobeyed a clear and unequivocal court order. The court awarded landlord attorneys' fees and costs, as well as a money judgment against tenant and tenant's attorney for the amount of the escrowed funds. The court also sanctioned tenant's attorney for failing to comply with the court order. Key Legal Points: (1) A party may be held in civil contempt for disobeying a lawful mandate of court; (2) The movant on a motion for contempt must demonstrate: (a) a lawful order of the court clearly expressing an unequivocal mandate was in effect; (b) with reasonable certainty that the order has been disobeyed; (c) the party to be held in contempt had knowledge of the court’s order; and (d) prejudice to the right of a party to the litigation; (3) An appropriate penalty for civil contempt is one that is remedial in nature and effect and that is the least possible exercise of the court’s power to achieve the proposed end of compliance with its orders; and (4) Rule 130-1 sanctions are warranted against an attorney who disobeys a court order without a non-frivolous reason.

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