Rupp-Elmasri v. Elmasri
Cases that cite this one
19 later published cases cite this decision.
- Matter of Mingo v. Brown (Appellate Division of the Supreme Court of New York 2019)
- Wheels America New York, Ltd. v. Montalvo (Appellate Division of the Supreme Court of New York 2008)
- Riverside Capital Advisors, Inc. v. First Secured Capital Corp. (Appellate Division of the Supreme Court of New York 2006)
- Vujovic v. Vujovic (Appellate Division of the Supreme Court of New York 2005)
- Gerelli Insurance Agency, Inc. v. Gerelli (Appellate Division of the Supreme Court of New York 2005)
- Rienzi v. Rienzi (Appellate Division of the Supreme Court of New York 2005)
- LZ v. WZ (New York Supreme Court, Richmond County 2025)
- New York City Tr. Auth. v. Progressive Ins. Co. (New York Supreme Court, New York County 2024)
- Quinche v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
- Collins v. Telcoa International Corp. (Appellate Division of the Supreme Court of New York 2011)
- Maybaum v. Maybaum (Appellate Division of the Supreme Court of New York 2011)
- Katz v. Katz (Appellate Division of the Supreme Court of New York 2010)
- Chambers v. Old Stone Hill Road Associates (Appellate Division of the Supreme Court of New York 2009)
- Gray v. Giarrizzo (Appellate Division of the Supreme Court of New York 2008)
- Dimino v. Dimino (Appellate Division of the Supreme Court of New York 2007)
- Fegadel v. Anderson (Appellate Division of the Supreme Court of New York 2007)
- Gloveman Realty Corp. v. Jefferys (Appellate Division of the Supreme Court of New York 2006)
- Department of Housing Preservation & Development v. Living Waters Realty Inc. (Civil Court of the City of New York 2006)
- In re Anthony R. (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a matrimonial action in which the parties were divorced by judgment entered August 22, 2000, the defendant appeals from an order of the Supreme Court, Suffolk County (Kent, J.), dated October 11, 2001, which denied his motion (1) to adjudicate the plaintiff in civil contempt of the visitation provisions of the judgment of divorce, (2) to modify the custody provisions of the judgment, and (3) for an award of a reasonable attorney’s fee in connection with bringing the motion.
Ordered that the order is affirmed, without costs or disbursements.
The judgment of divorce in this action, which awarded the plaintiff sole custody of the parties’ two children, provides, among other things, that the parties are to divide the summer vacation period equally, so that it consists of alternating two-week periods. The defendant moved to hold the plaintiff in civil contempt of this provision based on her alleged refusal to
The party seeking to hold another in civil contempt bears the burden of proof (see McCain v Dinkins, 84 NY2d 216, 227 [1994]). To prevail, “the movant must demonstrate that the party charged violated a clear and unequivocal court order, thereby prejudicing a right of another party to the litigation” (Matter of County of Orange v Rodriguez, 283 AD2d 494, 495 [2001] [internal quotations marks omitted]; see McCain v Dinkins, supra; Judiciary Law § 753 [A]). Here, the defendant did not meet his burden. Accordingly, denial of the defendant’s motion to adjudicate the plaintiff in civil contempt and for other relief based on the allegation of contempt was proper. Santucci, J.P., Luciano, Townes and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.