HODO v. SERRECCHIA

Motion to punish for contempt and for counsel fees denied, without costs. The direction in the order of this court, entered on April 19, 1984 ( 100 A.D.2d 807), to plaintiffs to pay two thirds of the maintenance and carrying charges was merely a condition of their remaining in the apartment. Failure to pay is not contempt, but a violation of the condition, permitting defendant Serrecchia to apply for appropriate relief, e.g., a money judgment, or eviction, or both, as said defendant may be advised.

Concur — Kupferman, J.P., Ross, Asch, Silverman and Lynch, JJ.