Latchana v Khubba

Holding The Appellate Division affirmed the lower court’s denial of mutual contempt motions, finding that neither party established by clear and convincing evidence that the other disobeyed court orders or caused prejudice. The court also upheld the grant of injunctive relief designating the defendant as the primary contact for the marital business and the denial of counsel fees due to a lack of evidence regarding financial conditions.

The court’s words

the plaintiff failed to establish, by clear and convincing evidence, that the defendant disobeyed the mandate

2026 NY Slip Op 06106, at the official text

the defendant failed to establish, by clear and convincing evidence, that the plaintiff disobeyed the mandates

2026 NY Slip Op 06106, at the official text

the record is devoid of any evidence of either party's respective financial condition

2026 NY Slip Op 06106, at the official text

the plaintiff's conduct was not frivolous and, thus, the Supreme Court properly denied

2026 NY Slip Op 06106, at the official text