Village of Warsaw v. Almeter

Appeal from an order of the Supreme Court, Wyoming County (Robert C. Noonan, A.J.), entered September 4, 2008. The order, inter alia, held defendants in contempt of court.

It is hereby ordered that the order so appealed from is unanimously reversed on the law with costs and the motion is denied.

Memorandum: Supreme Court erred in granting plaintiffs motion to hold defendants in contempt of court for their failure to comply with that part of its April 1997 order providing that the third-floor apartment in a building owned by them “shall remain unoccupied until further order of this Court or upon…