Opinion
June 27, 1967
Order entered on April 28, 1966, so far as appealed from, unanimously affirmed, without costs and without disbursements. No opinion. Order, entered on July 8, 1966, unanimously modified, on the law and on the facts, without costs or disbursements to any party, to the extent of striking the decretal paragraphs thereof which relate to defendants' application to punish plaintiff and his attorney for contempt, and otherwise affirmed. Neither the contact by plaintiff's attorney with the surety, nor the efforts of plaintiff and his attorney to renew the effectiveness of the vacated restraining notices, were such clear violations of the prior order of Special Term, as to constitute contempt of court.
Concur — Botein, P.J., Stevens, Capozzoli, Rabin and McNally, JJ.