Hae Mook Chung v Maxam Props., LLC |
2008 NY Slip Op 05799 [52 AD3d 423] [52 AD3d 423] |
June 26, 2008 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Hae Mook Chung, Respondent, v Maxam Properties, LLC, et al., Appellants. |
—[*1]
Stephen Latzman, New York, for respondent.
The injunction that defendants allegedly disobeyed was not clear and unequivocal enough to warrant a contempt finding (see e.g. Gerelli Ins. Agency, Inc. v Gerelli, 23 AD3d 341 [2005]; Howard S. Tierney, Inc. v James, 269 App Div 348, 354-355 [1945]). "At best, the order . . . was ambiguous" (Lubitz v Mehlman, 187 AD2d 97, 103 [1993], lv dismissed 82 NY2d 705 [1993]), and "[a]ny ambiguity in the court's mandate should be resolved in favor of the would-be contemnor" (Richards v Estate of Kaskel, 169 AD2d 111, 122 [1991], lv dismissed in part and denied in part 78 NY2d 1042 [1991]). Concur—Lippman, P.J., Tom, Andrias and Saxe, JJ.