Nosner v. Brooklyn Heights Railroad

181 A.D. 885 Court N.Y. App. Div. Docket Appeal No. 2 English

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p. 885

John Nosner, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.

(Appeal No. 2.)

Order reversed, with ten dollars costs and disbursements, and matter remitted to the Special Term for a consideration of the application upon the merits, on the ground that the court at Special Term had the power to open the default. (See Mott v. Mott, 134 App. Div. 569 .) Jenks, P. J., Thomas, Stapleton, Mills and Rich, JJ., concurred.