Hungerford v. Village of Waverly — 111 N.Y.S. 1124

Majority

p. 1124

HUNGERFORD, Respondent, v. VILLAGE OF WAVERLY et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

June 18, 1908.)

Headnote

Action by Martha A. Hunger-ford against the village of Waverly and others. On motion to amend decision. For former opinion, see 109 N. Y. Supp. 438 .

Decision amended, so as to read as follows: “Interlocutory judgment reversed, with costs, and demurrer sustained, with costs, with usual leave to amend on payment of costs of demurrer and of this appeal. If the costs of the demurrer and of the appeal are not paid and the complaint amended within 20

p. 1125

days after service of copy of this decision, defendant may have final judgment dismissing the complaint, with costs.”