Appellate Division of the Supreme Court of New York, 1915

Fitzgerald v. Kelly

Fitzgerald v. Kelly
Appellate Division of the Supreme Court of New York · Decided November 15, 1915
171 A.D. 893
Fitzgerald v. Kelly

Opinion of the Court

Per Curiam:

The determination appealed from is modified by directing that the order holding defendant in contempt be modified by reducing the amount of the fine imposed upon the defendant to the sum of $647.33, made up of the judgment ($599.34), with $17.98, interest thereon, ■ and $30, costs of the proceedings. As so modified the determination of the Appellate Term is affirmed, without costs. Present—Ingraham, P. J., Laughlin, Clarke, Scott and Dowling, JJ.; Ingraham, P. J., and Scott, J., dissented and voted to reduce the fine to the sum of $350. Determination modified as directed in opinion, and as modified affirmed, without costs.

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