Skip to Content
Author: The BCW

Leave a Comment

Yankwitt LLP Awarded Costs and Fees in NDNY Contempt of Court Hearing

Yankwitt LLP Partner Ben Allee and Associate Connor Hilbie successfully opposed a motion to vacate a Contempt Order at an evidentiary hearing in the Northern District of New York in Syracuse, securing attorneys’ fees and costs from a witness who failed to respond to a subpoena in connection with a civil action pending before the Southern District of New York. To support his motion to vacate, the witness alleged that he was never properly served with either the subpoena or contempt motion and thus, the Northern District of New York lacked personal jurisdiction over him, rendering the Contempt Order invalid.

While the court determined that the witness properly asserted sufficient facts to warrant an evidentiary hearing, the court held that the testimony of the process server at the hearing was credible regarding his many attempts at service and subsequently found as a matter of law that such attempts constituted the requisite “due diligence” to properly effectuate service under New York law.

Importantly, the court also held that the witness’ attempts to avoid service constituted willful non-compliance with the subpoena and warranted an award to Yankwitt LLP of its reasonable attorneys’ fees and costs.

The witness is the father of the plaintiff in the underlying Southern District of New York action, who accused Yankwitt LLP’s client of sexual assault, allegations the defendant vehemently denies and for which he filed crossclaims for defamation. Yankwitt LLP recently secured another victory in the case, prevailing on a motion for sanctions against the plaintiff for untimely disclosure of evidence. The underlying case is ongoing.

For more information, visit Yankwitt.com https://www.yankwitt.com/blog/yankwitt-llp-awarded-costs-and-fees-in-ndny-contempt-of-court-hearing/

Similar Member News Items

Today, Mercy University announced the appointment of Matt Manfra as vice president for institutional advancement, effective August 28, 2025. A seasoned leader in higher education advancement, Manfra has more than 20 years of experience in fundraising, alumni engagement, marketing and communications and institutional strategy. “We are thrilled to welcome Matt Manfra to Mercy University,” said […]

Read Article

Join social media strategist Katherine Wonder for a live workshop designed for small business owners who want more engagement from their content. In just one hour, you’ll learn the 4 types of hooks that capture attention, spark conversations, and turn viewers into clients—plus receive an exclusive Hook Bank PDF with plug-and-play templates and AI prompts. […]

Read Article

2025 JazzFest White Plains Comes to Town After Labor Day with a Stellar Lineup, Featuring Kenny Barron Trio, Kurt Elling’s Wildflowers The 2025 JazzFest White Plains festival will captivate music lovers with performances by the legendary Kenny Barron Trio, Kurt Elling’s Wildflowers featuring Joey Calderazzo, and the Steve Turre Sextet. The five-day jazz celebration from […]

Read Article

Become A Member

Join the county’s largest and most influential business organization today.

JOIN NOW!
The Business Council of Westchester is committed to helping businesses market, learn, advocate, and grow. Over 80 events and programs are offered every year, giving our members ample opportunity to connect and meet with businesses representatives in the Westchester community and beyond.
Back to top