Hyperlawhypertext legal database Keller v. Lispenard Realty Co. 109 N.Y.S. 1134

← Cases

Keller v. Lispenard Realty Co.

109 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1908-04-24 English

Contents

Majority

p. 1134
KELLER et al., Appellants, v. LISPENARD REALTY CO. et al., Respondents.
(Supreme Court, Appellate Division, First Department.
April 24, 1908.)

Headnote

Appeal from Special Term. Action by Jacob Keller and another against the Lispenard Realty Company and another. From part of an order imposing conditions on opening default, plaintiff appeals. Modified and affirmed.
Meyer London, for appellants. Gratz Nathan, for respondents.

The order should be modified, by opening the default upon plaintiffs paying a trial fee of $30 and the disbursements of the trial, and by striking out the provision requiring the plaintiff to give a bond, the judgment to stand as security, and, as modified, affirmed, with $10 costs and disbursements to the appellant.