Siegel v. Frankel

Appellate Terms of the Supreme Court of New York

Siegel v. Frankel

93 N.Y.S. 533

Appellate Terms of the Supreme Court of New York·Decided April 24, 1905·Published

Opinion

PER CURIAM.

Ordinarily we are indisposed to interfere with discretionary orders of the court below. In the present case, however, the terms imposed upon opening the default seem to be quite inadequate. In addition to the $10 motion costs provided for by the order, there should be added a trial fee of $30 and the plaintiff’s disbursements.

The order will be modified to this extent, and, as modified, affirmed, without, costs.

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PER CURIAM.

Ordinarily we are indisposed to interfere with discretionary orders of the court below. In the present case, however, the terms imposed upon opening the default seem to be quite inadequate. In addition to the $10 motion costs provided for by the order, there should be added a trial fee of $30 and the plaintiff’s disbursements.

The order will be modified to this extent, and, as modified, affirmed, without, costs.

Siegel v. Frankel, 93 N.Y.S. 533 (N.Y. Ct. App. 1905).

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