INDEX NO.

153583/2015

NYSCEF DOC. NO. 903 RECEIVED NYSCEF: 03/20/2018

S U P R E M E C O U R T O F T H E S TAT E O F N E W Y O R K — N E W Y O R K C O U N T Y

P R E S E N T: MANUEL J. MENDEZ PA RT 13
Justice

CHRISTOPHER BRUMMER. INDEX NO. 153583/2015

Plaintiff. M O T I O N D AT E "
-against- MOTION SEQ. NO."
MOTION CAL. NO.
BENJAMIN WEY, FNL MEDIA LLC, and
N Y G C A P I TA L L L C d / b / a N E W Y O R K G L O B A L
G R O U P,
Defendants. INTERIM ORDER

The following papers, numbered 1 to 5 were read on this motion to punish the defendants for contempt;:
PA P E R S N U M B E R E D

Notice of Motion/ Order to Show Cause •— Affidavits •— Exhibits ...

Answering Affidavits — Exhibits cross motion

Replying Affidavits

Cross-Motion: Ye s X No

Upon a reading of the foregoing cited papers, It Is ordered that plalntifTs motion
for an Order punishing the defendants for contempt for having failed to purge their
contempt by removing content on TheBiot and defendants' websites In violation of
multiple Orders of this Court and the Appellate Division, First Department's Order dated
August 1, 2017; and for a hearing to be held before a Judicial referee, and that such
hearing be consolidated with the hearing scheduled March 21, 2018 to determine
defendants' liability as to plaintiffs fees Incurred In prosecuting Motion Sequence 25 and
Motion Sequence 028, Is stayed pending a final determination on the pending appeals and
cross-appeals before the Appellate Division, First Department. The relief sought for a
hearing consolidated with the hearing scheduled March 21, 2018, Is denied.
Plaintiff pursuant CPLR §6301sought an Injunction and a temporary restraining
order. The Decision and Order of this Court filed under Motion Sequence 015 on June 6,
2017 granted plaintiffs motion, enjoined and restrained defendants from posting any
articles about plaintiff for the duration of this action, and upon being served, to remove all
articles that were previously posted about or concerning plaintiff from TheS/of (see
NYSCEF Dockets 308 - 316). ^
Defendants subsequently filed a motion with the Supreme Court Appellate Division
First Department, pursuant to CPLR §5519 [c], seeking a stay of the June 6, 2017 Decision
and Order of this Court. A June 15, 2017 interim order of the Appellate Division First
Department granted a full stay of this Court's Order. The August 1, 2017 Decision and
Order of the Appellate Division First Department filed under M-3328, partially lifted the
Interim stay and directed the defendants to "remove all photographs or other Images and
statements from websites under defendants' control which depict or encourage lynching;
encourage the incitement of violence; or that feature statements regarding plaintiff that in
conjunction with the threatening language and Imagery with which these statements are
associated, continue to Incite violence against plalntlfr' (See Christopher Brummer v.
Benjamin Wey, FNL Media LLC, and NYG Capital LLC, d/b/a New York Global Group, 2017
N.Y. Slip Op. 81412 (U)).
Defendants sought to reargue the Appellate Division First Department's decision ,
In the alternative, for leave to appeal to the New York Court of Appeals. On October 24,
2017 the Appellate Division First Department under M-4743 denied defendants' motion In
Its entirety (See Christopher Brummer v. Benjamin Wey, FNL Media LLC, and NYG Capital
LLC, d/b/a New York Global Group, 2017 N.Y. Slip Op. 90195(U).
Plaintiff, under Motion Sequence 025, sought an Order finding the defendants In
civil contempt. The October 11, 2017 Decision and Order of this Court filed under Motion

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