After an evidentiary hearing before the New York State Supreme Court, Bronx County, Benjamin Fox Tracy secured a finding of contempt against an adjacent neighbor who refused to comply with the terms of a court-awarded license after an RPAPL § 881 proceeding and delayed the construction of an affordable housing project. The trial court awarded the non-profit developer over $300,000 in damages. Benjamin successfully opposed the neighbor’s appeal of the contempt award The Appellate Division, First Department held that Benjamin established by clear and convincing evidence that this neighbor repeatedly refused the non-profit developer access to install protections and dismantled protections once they were installed on the neighbor’s property, all in contravention of the clear and unambiguous terms of the trial court’s order. The First Department affirmed the trial court’s order and award with costs awarded to Ben’s client.
A copy of the decision can be found here.