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

On Thursday, July 18th the Holocaust & Human Rights Education Center (HHREC) in partnership with the Desmond-Fish Public Library in Garrison, NY will host a talk and presentation on the oldest living Olympian Champion and Holocaust survivor. Agi Keleti: The Jewish Olympian’s Story of Survival and Triumph will be presented by HHREC Board Chairperson and […]

Read Article

Two-time Grammy Award-winning rock band The Wallflowers return to The Capitol Theatre on Tues., Nov. 12, 2024 for a special benefit concert for ArtsWestchester. The band, a creation of Jakob Dylan, son of the legendary Bob Dylan, has sold over ten-million albums internationally with smash hit singles like “One Headlight” and “6th Avenue Heartache.” Grab […]

Read Article

Tompkins Community Bank’s (Tompkins) Acorn Community Alliance is banking on community spirit as employees volunteer across the Hudson Valley. The Acorn Community Alliance program, which encourages employees to volunteer within the communities serviced by the financial institution, has contributed 180 hours of volunteer work so far this year. From packaging and distributing food to reading […]

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