JUSTICEBACKER INC v. Michael B. Wolk, Nonparty–Appellant. (2025)

Order, Supreme Court, New York County (David C. Cohen, J.), entered July 11, 2024, which, insofar as appealed from as limited by the briefs, denied appellant Michael B. Wolk's motion to vacate the court's December 22, 2020, December 1, 2021, and December 21, 2023 orders and granted defendant's motion for sanctions against appellant, unanimously affirmed, with costs.

Contrary to appellant's contention, the court had subject matter jurisdiction over this action and personal jurisdiction over him.  Appellant remained the escrow agent holding the settlement funds that the court had determined were owed to defendant.  Thus, notwithstanding the 2017 stipulation of discontinuance, the court was permitted to issue the orders in this action compelling the turnover of the escrowed funds to defendant, holding appellant in contempt for failure to comply with the turnover order, and sanctioning him for failing to purge his contempt by dispersing the escrowed funds to defendant (see R.A.J.N. Corp. v. Mizrachi, 190 A.D.2d 641, 642, 594 N.Y.S.2d 150 [1st Dept. 1993];  88 Blue Corp. v. Staten Bldrs. Co., 176 A.D.2d 536, 538, 575 N.Y.S.2d 11 [1st Dept. 1991]).  Appellant fails to show that the court's contempt and sanctions orders were otherwise erroneous, improper, or unreasonable.  We find appellant's remaining arguments unavailing.

We decline to order additional sanctions against appellant.