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CLASSE v. SILVERBERG

652668/15-8233. 8232. 8231.

168 A.D.3d 603 (2019)

92 N.Y.S.3d 260

2019 NY Slip Op 00563

Anthony V. Classe et al., Appellants, v. Steven Silverberg et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 29, 2019.

Considering all of the facts and circumstances of this case, the court providently exercised its discretion by refusing to hold defendants in contempt (see Penavic v Penavic, 109 A.D.3d 648, 649 [2d Dept 2013]; Matter of Lipsig [Manus], 139 A.D.3d 600, 600 [1st Dept 2016]). Plaintiffs failed to establish by clear and convincing evidence the necessary elements of civil contempt (El-Dehdan...

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