Gary Liang, as assignee of Yeechiu Chung Liang, individually and as a shareholder of EW Studio, Inc. v. Yi Jing Tan, et al.

Summary

The Appellate Division, Second Department, dismissed the appeal from an order directing a hearing because no appeal lies as of right from such an order, and affirmed the denial of the defendants' request for costs and counsel fees. It reversed the order holding nonparty attorney Wei Ji in civil contempt, concluding that contempt was unavailable for nonpayment of counsel fees because execution could be awarded for collection of the sum.

Holdings

1. No appeal lies as of right from an order directing a hearing to aid in the disposition of a motion; the court declined to grant leave to appeal.
2. Defendants were not entitled to costs and counsel fees because they failed to establish that plaintiff engaged in frivolous conduct within the meaning of 22 NYCRR 130-1.1(c).
3. Civil contempt was unavailable because the counsel-fee obligation was a sum for which execution could be awarded.

Questions Presented

1. Whether an appeal lies as of right from an order directing a hearing to aid in the disposition of a motion.
2. Whether defendants established that plaintiff engaged in frivolous conduct warranting costs and counsel fees under 22 NYCRR 130-1.1.
3. Whether civil contempt was an available remedy for the attorney's nonpayment of counsel fees where execution could be awarded to collect the sum.

Disposition

other