Matter of Garnet Health Med. Ctr. v People

Holding The Appellate Division affirmed the findings of civil contempt against the petitioner for violating court orders but modified the sanctions. The court held that because actual damages were not established, the daily fines imposed by the lower court were improper and must be replaced with a statutory fine of $250 plus reasonable costs and expenses.

The court’s words

the petitioner may only recover reasonable costs and expenses, including attorneys' fees, plus a statutory fine in the sum of $250

2026 NY Slip Op 05530, at the official text

the mere act of disobedience, regardless of its motive, is sufficient if such disobedience defeats, impairs, impedes or prejudices the rights of a party

2026 NY Slip Op 05530, at the official text

the fine is limited to $250, plus the complainant's costs and expenses

2026 NY Slip Op 05530, at the official text

the respondent established by clear and convincing evidence that the order dated May 3, 2024, clearly expressed an unequivocal mandate

2026 NY Slip Op 05530, at the official text