Parka Corp. v. Drinkhouse

282 A.D. 676 | N.Y. App. Div. | 1953

In view of the offer by the plaintiff to permit the defendant to take possession subject to his vacating in the event of reversal of the prior judgment, we think that the finding of a willful contempt is unwarranted. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Appeal [from order denying reargument] unanimously dismissed. No opinion. Present- — -Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ.