Hyperlawhypertext legal database Tower v. Frey 103 N.Y.S. 1144

← Cases

Tower v. Frey

103 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1906-06-15 English

Contents

Majority

p. 1144
TOWER et al., Respondents, v. FREY et al., Appellants.
(Supreme Court, Appellate Division, First Department.
June 15, 1906.)

Headnote

Appeal from Special Term. Action by George W. Tower and others against Rose Frey and others. From an order granting leave to serve an amended complaint, defendants appeal. Order modified, and, as modified, affirmed.

We are not disposed to interfere with the disposition made of this motion at Special Term, except in the matter of costs, which, we think, in view of the nature of the amendments and the length of time that was allowed to elapse before the motion was made, are inadequate. As a condition the plaintiffs should have been required to pay the costs of the action up to the time of the amendments, including $10 costs of the motion, and the order should accordingly be modified, with $10 costs and disbursements of this appeal to the appellants.