Bennett Bros. v. Floyd Bennett Farmers Market Corp.

The defendants move for an order compelling plaintiff to pay over the excess of a fine paid by them. [See 22 Misc 2d 833.] The plaintiff by cross motion moves for an additional allowance for counsel fee on the appeal. The factual situation behind the instant proceeding is as follows: Heretofore, on a motion to punish the defendants for contempt this court imposed a fine of $1,000, and of $500 costs and disbursements, pursuant to section 773 of the Judiciary Law. The defendants appealed and the order was modified, reducing the fine to $250, hut not the costs and disbursements, and otherwise…