IN RE: N47 ASSOCIATES LLC (2026)

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about October 23, 2023, which granted petitioner's motion to hold respondent in civil contempt, unanimously affirmed, with costs.

Petitioner established by clear and convincing evidence that respondent failed to abide by the December 18, 2020 interim order authorizing petitioner to remove items from the east wall of respondent's building (see Parada v. Herron, 223 A.D.3d 532, 533, 203 N.Y.S.3d 293 [1st Dept. 2024]).  Accordingly, Supreme Court providently exercised its discretion in finding respondent in civil contempt, in light of respondent's knowledge of the interim order, which was affirmed by this Court (N47 Assocs. LLC v. Jemsco Realty LLC, 205 A.D.3d 619, 166 N.Y.S.3d 862 [1st Dept. 2022]), its willful disobedience of the order, and the resulting prejudice to petitioner as a result of respondent's disobedience (see Bayamon Steel Processors v. Platt, 191 A.D.2d 249, 249, 595 N.Y.S.2d 8 [1st Dept. 1993]).

Respondent's objections to the terms of the order, even if held in good faith, did not excuse its noncompliance;  its remedy was to seek relief from the court (see Matter of Samaritan–Compass VI Hous. Dev. Fund Corp. v. 1293–95 Rodman LLC, 217 A.D.3d 589, 589, 192 N.Y.S.3d 28 [1st Dept. 2023];  Peters v. Sage Group Assoc., 238 A.D.2d 123, 123, 655 N.Y.S.2d 500 [1st Dept. 1997]).

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