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Farrelly v. Schaettler

108 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1908-02-07 English

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p. 1132
FARRELLY, Respondent, v. SCHAETTLER, Appellant.
(Supreme Court, Appellate Division, First Department.
February 7, 1908.)

Headnote

Appeal from Special Term. Action by Stephen Farrelly, as ancillary receiver, etc., against •Caroline A. Schaettler, as executrix, etc. From an order allowing plaintiff to amend summons and complaint, defendant appeals. Order modified, as directed in opinion, and, as so modified, affirmed.
See 121 App. Div. 678 , 106 N. Y. Supp. 445 .
F. R. Minrath, for appellant. Frederic J. Swift, for respondent.

The order should be modified, so as to allow the defendant costs of the action to the date of the amendment, except costs before trial, as a condition for the allowance •of the amendment applied for, and, as so modified, affirmed, with $10 costs and disbursements to the appellant

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