Hayes v. Borden

Appellate Terms of the Supreme Court of New York

Hayes v. Borden

121 N.Y.S. 1134

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 18, 1910

StatusPublished

This text of 121 N.Y.S. 1134 (Hayes v. Borden) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayes v. Borden, 121 N.Y.S. 1134 (N.Y. Ct. App. 1910).

Pincite

Opinion

PER CURIAM.

Order modified, by allowing the consent and order of discontinuance to be vacated upon payment by the plaintiff to the defendant of all the taxable costs and disbursements of the action, as of an issue brought to trial, including the trial fee, to be taxed by the clerk of the court below within five days of the date of service of a copy of this order and notice of entry thereof upon plaintiff’s attorney, together with $10 costs and the disbursements of this appeal, and, further, that in the event that the plaintiff should fail to pay the said costs and disbursements to the defendant within five days after the said taxation of the costs above referred to, the order will be reversed, with $10 costs and disbursements of this appeal.

.LEHMAN, J., votes for reversal.

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PER CURIAM.

Order modified, by allowing the consent and order of discontinuance to be vacated upon payment by the plaintiff to the defendant of all the taxable costs and disbursements of the action, as of an issue brought to trial, including the trial fee, to be taxed by the clerk of the court below within five days of the date of service of a copy of this order and notice of entry thereof upon plaintiff’s attorney, together with $10 costs and the disbursements of this appeal, and, further, that in the event that the plaintiff should fail to pay the said costs and disbursements to the defendant within five days after the said taxation of the costs above referred to, the order will be reversed, with $10 costs and disbursements of this appeal.

.LEHMAN, J., votes for reversal.

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Bluebook (online)

121 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-borden-nyappterm-1910.