Carcione v. McDonald

Appellate Division of the Supreme Court of New York

Carcione v. McDonald

130 A.D. 894, 114 N.Y.S. 1121

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1909

StatusPublished

This text of 130 A.D. 894 (Carcione v. McDonald) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carcione v. McDonald, 130 A.D. 894, 114 N.Y.S. 1121 (N.Y. Ct. App. 1909).

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Opinion

Per Curiam:

The order appealed from should be modified by requiring as a condition of amendment the payment by the plaintiff of full taxable costs in the action up to date, including trial fee. As so modified the order should be affirmed, with ten dollars costs and disbursements of this appeal to the appellants. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as directed in memorandum, and as modified affirmed, with ten dollars costs and disbursements to appellants. Settle order on notice.

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Per Curiam:

The order appealed from should be modified by requiring as a condition of amendment the payment by the plaintiff of full taxable costs in the action up to date, including trial fee. As so modified the order should be affirmed, with ten dollars costs and disbursements of this appeal to the appellants. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as directed in memorandum, and as modified affirmed, with ten dollars costs and disbursements to appellants. Settle order on notice.

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Bluebook (online)

130 A.D. 894, 114 N.Y.S. 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carcione-v-mcdonald-nyappdiv-1909.