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Farrell v. Kennedy

110 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1908-05-01 English

Contents

Majority

p. 1128
FARRELL v. KENNEDY et al. (two cases).
(Supreme Court, Appellate Division, First Department.
May 1, 1908.)

Headnote

Appeal from Special Term. Actions by Julia Farrell against Peter Kennedy and another. From orders opening defendants’ defaults, plaintiff appeals. Modified.
Arnold Lichtig, for appellant.
Daniel F. Cohalan, for respondents.

The orders in each case should be modified, by opening the default upon condition that the defendants pay $30 trial fee, $10 costs of opposing motion, and the taxable disbursements of entering judgment, with $10 costs and disbursements of appeal to the appellant.