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Berger v. Weidenfeld

110 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1908-05-01 English

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p. 1122
BERGER v. WEIDENFELD et al.
(Supreme Court, Appellate Division, First Department.
May 1, 1908.)

Headnote

Appeal from Trial Term. Action by Maurice Berger against Camille Weidenfeld, impleaded with another. From an order denying a rehearing of a previous motion, defendant Weidenfeld appeals. Reversed, and order opening default modified.
Herman Aaron, for appellant.
Parker K. Deane, for respondent.

The order appealed from should be reversed, with $10 costs and disbursements, and the order opening the default should be modified, by striking out the provision for a bond, and by directing that the judgment as entered stand as security, and that the case be set down for trial upon the day calendar of Trial Term, part 14, for the third Monday of May.