268 A.D. 829 | N.Y. App. Div. | 1944
Appeal from two orders adjudging appellant in contempt for failure to comply with an injunction relating to the use of a driveway, and imposing fines therefor. Order dated December 8, 1942, modified on the law by striking out the third, fourth, fifth and sixth ordering paragraphs; order dated January 14, 1944, modified on the law by striking out the fourth, fifth, and sixth ordering paragraphs. As thus modified, the orders are affirmed, without costs, and the matter is remitted to the Special Term (1) to take proof of whether or not appellant caused the injury to the driveway; and (2) there-, after to fix the amount of the fine. The finding that the use of hand trucks and other commercial use of the driveway are violative of the injunction is affirmed. However, there is no proof in the record that appellant caused the injury to the driveway and curb. Under section 773 of the Judiciary Law, the amount of the fine is dependent upon whether or not respondent suffered an