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Althersohn v. Tenzer

131 A.D. 891 Court First Department, English

Contents

Majority

p. 891
First Department,
March, 1909.
Abe Altersohn, Appellant, v. Michael Tenzer, Respondent.

Headnote

Appeal from an order of the New York Special Term, entered on the 34th day of December, 1908, opening a default.

The order should be modified by requiring the defendant as a condition of opening the default to pay all the costs in the action to be taxed, in addition to the sheriff’s fees, and as so modified affirmed, with ten dollars costs and disbursements to the appellant. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as indicated in opinion and as modified affirmed, with ten dollars costs and disbursements to appellant. Settle order on notice.