Vaughn v Spy Shops of NY, Inc.

[*1] Vaughn v Spy Shops of NY, Inc. 2015 NY Slip Op 50582(U) Decided on April 23, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 23, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.
570208/15

Nat Vaughn, Plaintiff-Appellant,

against

Spy Shops of New York, Inc., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered September 12, 2014, after a hearing, which denied his motion to hold defendant in contempt in a Small Claims action.

Per Curiam.

Order (Tanya R. Kennedy, J.), entered September 12, 2014, affirmed, without costs.

We sustain the denial of plaintiff's motion to hold defendant in contempt. Plaintiff failed to demonstrate by clear and convincing evidence that he either served defendant with a copy of the April 2014 conditional order alleged to have been disobeyed, or that defendant had knowledge of the contents of that order (see Puro v Puro, 39 AD2d 873 [1972], affd 33 NY2d 805 [1973]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 23, 2015