Goldsmith v Cavuoti

Summary

The Appellate Division, Second Department affirmed an order holding the defendant in civil contempt for failing to pay agreed-upon child support add-on expenses under the parties' stipulation of settlement. The court also upheld an award of $6,000 in attorneys' fees and concluded that no hearing was required because the defendant failed to raise a factual dispute or challenge the fee amount.

Holdings

1. The Supreme Court properly held the defendant in civil contempt without conducting a hearing because the defendant's opposition papers failed to raise a factual dispute concerning the elements of civil contempt or a defense such as inability to comply.
2. The Supreme Court properly awarded the plaintiff $6,000 in attorneys' fees without conducting a hearing because the defendant neither requested a hearing nor challenged the amount demanded, and in any event failed to raise an issue of fact warranting a hearing.

Questions Presented

1. Whether the Supreme Court properly held the defendant in civil contempt for violating the child-support add-on-expenses provision without first conducting a hearing.
2. Whether the Supreme Court properly awarded the plaintiff $6,000 in attorneys' fees without conducting a hearing.

Disposition

affirmed