Voelker v. Fieldman

Appellate Division of the Supreme Court of New York

Voelker v. Fieldman

222 A.D. 826

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1928·No. Appeal No. 1·Published

Opinion

— Order modified by changing the terms upon which the opening of the [827]*827default was granted, from the payment of taxable costs to date, to the payment by defendant of twenty-five dollars costs. As so modified, the order is affirmed, without costs. We are of opinion that the action of the justice presiding was not a proper exercise of discretion. Young, Seeger and Carswell, JJ., concur; Kapper and Hagarty, JJ., dissent, being of opinion that the discretion exercised by the justice presiding should not be disturbed.

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— Order modified by changing the terms upon which the opening of the [827]*827default was granted, from the payment of taxable costs to date, to the payment by defendant of twenty-five dollars costs. As so modified, the order is affirmed, without costs. We are of opinion that the action of the justice presiding was not a proper exercise of discretion. Young, Seeger and Carswell, JJ., concur; Kapper and Hagarty, JJ., dissent, being of opinion that the discretion exercised by the justice presiding should not be disturbed.

Voelker v. Fieldman, 222 A.D. 826 (N.Y. Ct. App. 1928).

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