ST MARK WORLD ACQUISITION LLC v. MORGAN (2025)

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

ST. MARK'S WORLD ACQUISITION, LLC et al., Plaintiffs–Respondents, v. Dr. Michael MORGAN, Defendant–Appellant.

4106

Decided: April 15, 2025

Webber, J.P., Friedman, Kapnick, Rodriguez, Rosado, JJ.

Dr. Michael M. Morgan, appellant pro se. Igbakwe PLLC, New York (O. Williams Igbakwe of counsel), for appellant. Ansell Grimm & Aaron, P.C., New York (Layne A. Feldman of counsel), for respondents.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered March 14, 2024, which, to the extent appealed from as limited by the briefs, denied defendant's motion for contempt against plaintiffs for breach of a so-ordered stipulation and to void the stipulation and restore the matter to the court's calendar, unanimously affirmed.

Supreme Court properly denied defendant's motion for contempt. The so-ordered stipulation is a lawful court order (see Gordon v. Schaeffer, 176 A.D.3d 431, 431, 110 N.Y.S.3d 691 [1st Dept. 2019]; Ford v. City of New York, 54 A.D.3d 263, 266, 863 N.Y.S.2d 180 [1st Dept. 2008]).

Defendant has not cited any evidence in the record on appeal, much less clear and convincing evidence, tending to show that plaintiffs disobeyed the so-ordered stipulation (see Matter of Michael Y. v. Dawn S., 212 A.D.3d 493, 495, 183 N.Y.S.3d 23 [1st Dept. 2023]; see also El–Dehdan v. El–Dehdan, 26 N.Y.3d 19, 29, 19 N.Y.S.3d 475, 41 N.E.3d 340 [2015]; Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 199 A.D.3d 423, 423, 153 N.Y.S.3d 862 [1st Dept. 2021]).

We have considered defendant's remaining contentions and find them unavailing.

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