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Matter of Scarab Equities Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1991
170 A.D.2d 409 (N.Y. App. Div. 1991)

Opinion

February 28, 1991

Appeal from the Supreme Court, New York County (Stanley Ostrau, J.).


We have reviewed the determination that respondent is in contempt, pursuant to CPLR 5501 (a) (1), and find it proper. The IAS Court properly determined that the respondent attempted to terminate the petitioner's lease on the basis of a notice of termination dated March 5, 1984, in violation of the specific terms of a temporary restraining order. Because the IAS Court directed that the sanction consist of the petitioner's legal expenses incurred by petitioner in connection with the holdover, including legal fees, a purely compensatory remedy, the respondent was properly held in civil contempt, which did not require a finding of willfulness (Campanella v Campanella, 152 A.D.2d 190).

Further, the IAS Court properly confirmed the Referee's report to the extent that it did, since the record supports the Referee's findings to that extent (Plaza Funding Corp. v J.C. Dev. Corp., 155 A.D.2d 298). The IAS Court properly reduced the amount recommended by the Referee to the extent that it represented expenditures unrelated to the improper holdover proceeding.

Concur — Carro, J.P., Ellerin, Kupferman, Smith and Rubin, JJ.


Summaries of

Matter of Scarab Equities Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 1991
170 A.D.2d 409 (N.Y. App. Div. 1991)
Case details for

Matter of Scarab Equities Corp.

Case Details

Full title:In the Matter of the Arbitration between SCARAB EQUITIES CORP.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 28, 1991

Citations

170 A.D.2d 409 (N.Y. App. Div. 1991)