Niemoller v. Duncombe
This text of 58 N.Y.S. 1145 (Niemoller v. Duncombe) 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.
Opinion
Order modified on argument so as to strike out the award of §10 costs to abide the event, and in lieu thereof prescribe, as a condition of opening the default and setting aside the judgment in this action, that the plaintiff within five days pay the defendant §10 costs of the motion, and §10 costs and disbursements of this appeal, and stipulate to try the cause at the June circuit in Westchester county; and, if the plaintiff fails to comply with the conditions aforesaid within the time aforesaid, then the order appealed from is reversed absolutely, with §10 costs and disbursements, and motion to set aside the judgment denied. See 53 N. Y. Supp. 872.
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Cite This Page — Counsel Stack
58 N.Y.S. 1145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niemoller-v-duncombe-nyappdiv-1899.