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Rudolph v. Slowey

143 A.D. 925 Court N.Y. App. Div. English

Contents

Majority

p. 925
Anton E. Rudolph, Respondent, v. Ann T. Slowey, Appellant.

Headnote

Appeal from an order, entered on the 4th day of January, 1911, denying the defendant’s motion to open default.

The order appealed from should be reversed, without costs, and the motion granted to the extent of opening the defendant’s default and permitting her to answer upon condition that she pay all costs of the action to date to be taxed; the judgment to stand as security for any recovery the plaintiff may have. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Order reversed, without costs, motion granted to extent stated in opinion, judgment to stand as security for any recovery plaintiff may have. Settle order on notice.