Baldwin v. Hamilton — 200 A.D. 875

Majority

p. 875

Hannah Baldwin, Appellant, v. Frederick P. Hamilton, as President of the Suburban Fire Insurance Exchange, a Voluntary Association, Respondent. (Action No. 2.)

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We think that under the circumstances of this case, there being no proof that plaintiff is vexatiously pursuing the defendant with unnecessary litigation, the order was not justified. Blaekmar, P. J., Jaycox, Manning, Kelby and.Young, JJ., concur.