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Star Indus., Inc. v Innovative Beverages, Inc., Sup Ct Nassau County, September 28, 2010, Driscoll, J., Index No. 013306/03

Posted in Contempt, Incarceration, Information Subpoenas, Justice Driscoll, Timothy, Nassau, Restraining Notices, Sanctions, Special Referee

In a September 28, 2010 decision by Justice Driscoll, the court imposed a fine of $25,000 on non-party respondents for their contumacious conduct in violation of the court’s prior contempt order. In the prior contempt order, Special Referee Thomas Dana found respondents liable for numerous counts of contempt of court based on their failure to answer Information Subpoenas and their issuance of funds to third parties in violation of restraining orders. Plaintiff moved, pursuant to Judiciary Law § 753(A), before Justice Driscoll to have respondents incarcerated for their alleged willful violations of the contempt order. In turn, respondents cross-moved to vacate the contempt order issued by Referee Dana. The court denied plaintiff’s motion for incarceration, but imposed a fine on respondents. The court denied respondents’ cross-motion to vacate the contempt order.