Donnelly v. Whittaker — 110 A.D. 866

Majority

p. 866

William F. Donnelly, Appellant, v. Percival J. H. Whittaker and William R. Mason, Defendants. Pennsylvania, New York and Long Island Railroad Company, Intervenor and Respondent.

Headnote

Appeal from order granting respondent’s motion to intervene.

The order should be modified so as to require the respondent to pay the costs of the action to the date of the order and ten dollars costs of motion, and as. thus modified affirmed, without costs, of appeal to either party. Present — O’Brien, P: J., Patterson, Ingraham, Laughlin and Clarke, JJ. Order modified as directed in opinion and as modified affirmed, without costs.