Appellate Division of the Supreme Court of New York, 1963

Bennett Bros. v. Floyd Bennett Farmers Market Corp.

Bennett Bros. v. Floyd Bennett Farmers Market Corp.
Appellate Division of the Supreme Court of New York · Decided February 21, 1963
18 A.D.2d 905; 238 N.Y.S.2d 506; 1963 N.Y. App. Div. LEXIS 4318
Bennett Bros. v. Floyd Bennett Farmers Market Corp.

Opinion of the Court

Order, entered on September 7, 1962, unanimously affirmed, with $20 costs and disbursements to respondent. No opinion. Order, entered on September 20, 1962, granting plaintiff’s motion to punish defendants for contempt of court, unanimously modified, in the exercise of discretion, to the extent of reducing the fine to $100 and the costs and expenses to $250, and is otherwise affirmed, without costs. In the light of the nature of the acts constituting the contempt and the other pertinent circumstances, we conclude that the fine imposed and the costs assessed were excessive and should be reduced. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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