Guliano v. Whitenack

New York Court of Common Pleas

Guliano v. Whitenack

22 N.Y.S. 560, 3 Misc. 54, 51 N.Y. St. Rep. 768

DecidedMarch 13, 1893

StatusPublished

This text of 22 N.Y.S. 560 (Guliano v. Whitenack) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guliano v. Whitenack, 22 N.Y.S. 560, 3 Misc. 54, 51 N.Y. St. Rep. 768 (N.Y. Super. Ct. 1893).

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Opinion

PER CURIAM.

We are clear that the learned trial judge at special term well exercised his discretion in allowing the supplemental answer. But we are of opinion that the order should have been granted on the condition of a stipulation by defendant to pay the taxable costs and disbursements to the date of the order. If the defendant will so stipulate, the order is affirmed; otherwise, it is-reversed. No costs.

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PER CURIAM.

We are clear that the learned trial judge at special term well exercised his discretion in allowing the supplemental answer. But we are of opinion that the order should have been granted on the condition of a stipulation by defendant to pay the taxable costs and disbursements to the date of the order. If the defendant will so stipulate, the order is affirmed; otherwise, it is-reversed. No costs.

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Bluebook (online)

22 N.Y.S. 560, 3 Misc. 54, 51 N.Y. St. Rep. 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guliano-v-whitenack-nyctcompl-1893.