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Carcione v. McDonald

114 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1909-02-05 English

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p. 1121
CARCIONE v. McDONALD et al.
(Supreme Court, Appellate Division, First Department.
February 5, 1909.)

Headnote

Appeal from Trial Term, New York County. Action by Calogero Carcione, by his guardian ad litem, Antonio Carcione, against John B. McDonald and another. From an order granting plaintiff leave to serve an amended complaint, defendants appeal. Modified and affirmed. James F. Donnelly, for appellants. Nelson L. Keach, for respondent.

The order appealed from should be modified, by requiring as a condition of amendment the payment by the plaintiff of full taxable costs in the action up to date, including trial fee. As so modified, the order should be affirmed, with $10 costs and disbursements of this appeal to the appellant.