Staib v. Yonkers Railroad

Appellate Division of the Supreme Court of New York

Staib v. Yonkers Railroad

252 A.D. 762, 299 N.Y.S. 142, 1937 N.Y. App. Div. LEXIS 6192

Appellate Division of the Supreme Court of the State of New York·Decided October 11, 1937·Published

Opinion

On argument, order denying motion to vacate the order dismissing the complaint and to restore the cause to the calendar reversed on the law and the facts and motion granted on condition that appellants pay respondent fifty dollars costs within ten days from the entry of the order hereon; otherwise, order affirmed, with ten dollars costs and disbursements. In the circumstances, we think the default should be opened on the terms stated. Carswell, Davis, Johnston, Adel and Close, JJ., concur.

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On argument, order denying motion to vacate the order dismissing the complaint and to restore the cause to the calendar reversed on the law and the facts and motion granted on condition that appellants pay respondent fifty dollars costs within ten days from the entry of the order hereon; otherwise, order affirmed, with ten dollars costs and disbursements. In the circumstances, we think the default should be opened on the terms stated. Carswell, Davis, Johnston, Adel and Close, JJ., concur.

Staib v. Yonkers Railroad, 252 A.D. 762, 299 N.Y.S. 142, 1937 N.Y. App. Div. LEXIS 6192 (N.Y. Ct. App. 1937).

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252 A.D. 762 (Staib v. Yonkers Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.