Tower v. Frey

Appellate Division of the Supreme Court of New York

Tower v. Frey

114 A.D. 899, 103 N.Y.S. 1144

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1906

StatusPublished

This text of 114 A.D. 899 (Tower v. Frey) 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.

Bluebook

Tower v. Frey, 114 A.D. 899, 103 N.Y.S. 1144 (N.Y. Ct. App. 1906).

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Opinion

Per Curiam:

We are not disposed to interfere with the disposition made of this motion at Special Term, except in the matter of costs, which, we think, in view of the nature of the amendments and the length of time that was allowed to elapse before the motion was made, are inadequate. As a condition, the plaintiffs should have been required to pay the costs of the action up to the time of the amendments, including ten dollars costs of the motion, and the order should accordingly he modified, with ten dollars costs and disbursements of this appeal to the appellants. Present — O’Brien, P. J., Patterson, Ingraham, Laughlin and Clarke, JJ. Order modified as stated in opinion, .and as modified affirmed, with ten dollars costs and disbursements to appellant. Settle order on notice.

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Per Curiam:

We are not disposed to interfere with the disposition made of this motion at Special Term, except in the matter of costs, which, we think, in view of the nature of the amendments and the length of time that was allowed to elapse before the motion was made, are inadequate. As a condition, the plaintiffs should have been required to pay the costs of the action up to the time of the amendments, including ten dollars costs of the motion, and the order should accordingly he modified, with ten dollars costs and disbursements of this appeal to the appellants. Present — O’Brien, P. J., Patterson, Ingraham, Laughlin and Clarke, JJ. Order modified as stated in opinion, .and as modified affirmed, with ten dollars costs and disbursements to appellant. Settle order on notice.

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Bluebook (online)

114 A.D. 899, 103 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tower-v-frey-nyappdiv-1906.