Fairchild v. Estates — 219 N.Y. 585

Majority

p. 585

Josephine M. Fairchild, Appellant, v. Scarsdale Estates, Respondent, Impleaded with Others.

Headnote

Fairchild v. Soarsdale Estates, 173 App. Div. 979 , appeal dismissed.

(Argued October 10, 1916;

decided October 24, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered

p. 586

May 12, 1916, which ■ affirmed two orders of Special Term (1) granting leave to plaintiff to serve a second amended complaint upon payment of all costs to date, and the giving of a bond to pay interest and taxes on the $150,000 mortgage, and (2) denying plaintiff’s motion to compel defendant, Scarsdale Estates, to receive plaintiff’s first amended complaint in an action to foreclose a mortgage.

Elmer E. Cooley for appellant.

William L. Bumsey for respondent.

Appeal dismissed, with costs; no opinion.

Concur: Hiscock, Chase, Collin, Ouddeback, Hogaf. and Cardozo, JJ. Absent: Willard Bartlett, Oh. J.