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DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK. PET-RES. v. DEKA REALTY CORP., RES-AP

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Court Decisions Second Judicial Department Bronx County Appellate Term: 2nd and 11th Judicial Districts

Appeal by Deka Realty Corp. from an order and judgment of the Civil Court, Queens County (George, J.) entered on May 3, 1990 finding it in criminal and civil contempt and a fine in the amount of $3,372,250 for each and which imposed a civil penalty of $272,645. Petitioner cross-appeals from said order and judgment insofar as it does not impose liability on respondents Jesus Cortes and Anthony Kambouris. Respondent Alexander Varveris appeals from said order and judgment.

Order and final judgment unanimously modified by reducing the criminal contempt fine against Deka Realty Corp. to $1,000, by finding respondents-cross-respondents Cortes and Kambouris guilty of driminal contempt and imposing a fine of $1,000 against each of them, by vacating the findings and fines of civil contempt and civil penalties heretofore imposed and by remanding to the court below for a trial de novo, before a jury, on those issues as to the respondents Deka Realty Corp., Jesus Cortes and Anthony Kambouris and, as so modified, order and judgment affirmed without costs.

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