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Ficus Investments, Inc. v. Private Capital Management

Citations: 66 A.D.2d 557; 886 N.Y.S.2d 596

Court: Appellate Division of the Supreme Court of the State of New York; October 22, 2009; New York; State Appellate Court

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The Supreme Court of New York County issued an order on September 10, 2008, affirming the plaintiffs' motion to hold defendant Christopher Chalavoutis in civil contempt, with costs awarded. The court found that in February 2008, Chalavoutis facilitated the transfer of certain mortgages without notifying the plaintiffs, in violation of a prior court order from December 21, 2007, which required him to provide 48 hours of written notice before taking any actions regarding those mortgages. The court concluded that Chalavoutis' conduct was intended to impair or prejudice the plaintiffs' rights, referencing established legal precedents. The decision was unanimously concurred by Justices Gonzalez, Mazzarelli, Sweeny, Renwick, and Richter.