McLean Trucking Co. v. Macray Movers, Inc.

Appellate Terms of the Supreme Court of New York

McLean Trucking Co. v. Macray Movers, Inc.

28 Misc. 2d 550, 207 N.Y.S.2d 508, 1960 N.Y. Misc. LEXIS 2721

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 7, 1960

StatusPublished

This text of 28 Misc. 2d 550 (McLean Trucking Co. v. Macray Movers, Inc.) 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

McLean Trucking Co. v. Macray Movers, Inc., 28 Misc. 2d 550, 207 N.Y.S.2d 508, 1960 N.Y. Misc. LEXIS 2721 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

It appears that the plaintiff incurred expenses in the sum of $290 in producing three witnesses from out of town for the trial, which was set down peremptorily against defendants, and it should be reimbursed therefor as a condition for granting the motion to open the default.

[551]*551The order should he modified to provide that the motion is granted on condition that defendants pay $290 to plaintiff within 10 days after service of a copy of the order entered hereon with notice of entry. Failing payment as so directed, the motion should be denied; and as so modified affirmed, without costs.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Order modified, etc.

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Per Curiam.

It appears that the plaintiff incurred expenses in the sum of $290 in producing three witnesses from out of town for the trial, which was set down peremptorily against defendants, and it should be reimbursed therefor as a condition for granting the motion to open the default.

[551]*551The order should he modified to provide that the motion is granted on condition that defendants pay $290 to plaintiff within 10 days after service of a copy of the order entered hereon with notice of entry. Failing payment as so directed, the motion should be denied; and as so modified affirmed, without costs.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Order modified, etc.

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Bluebook (online)

28 Misc. 2d 550, 207 N.Y.S.2d 508, 1960 N.Y. Misc. LEXIS 2721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclean-trucking-co-v-macray-movers-inc-nyappterm-1960.