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

The singer-songwriter and pianist Regina Spektor will headline ArtsWestchester’s annual Benefit Concert on November 21 at The Performing Arts Center, Purchase College.Entitled Raise Your Voice for the Arts, the event celebrates ArtsWestchester’s 60th anniversary while calling on the public to protect the future of the arts, which are under threat from federal funding cuts and […]

Read Article

Dorf Nelson & Zauderer LLP is pleased to announce that Andrew M. Spatz has joined the firm as a Partner in the Commercial Real Estate & Land Use Department. With over 25 years of legal experience, Andrew is a seasoned attorney and litigator whose practice spans a diverse range of areas, including aviation, land use, […]

Read Article

Join and Support The Guidance Center of Westchester at Our 4th Annual Golf Outing! Tee off with purpose on Monday, September 9th at the beautiful GlenArbor Golf Club in Bedford Hills for The Guidance Center of Westchester’s 4th Annual Westchester Golf Outing. The Guidance Center of Westchester provides critical mental health services, educational support, and […]

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