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Altersohn v. Tenzer

115 N.Y.S. 1108 Court N.Y. App. Div. Decision date 1909-03-05 English

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p. 1108
ALTERSOHN v. TENZER.
(Supreme Court, Appellate Division, First Departments
March 5, 1909.)

Headnote

Appeal from Special Term) New York County. Action by Abe Altersohif against Michael Tenzer, From an order of the Special Term opening a default, plaintiff appeals. Modified and affirmed. J. Leon Brandmarker, for appellant. Benjamin Reass, for respondent. ■ (

The order should be modi-] fied, by requiring the defendant, as a condition, of opening the default, to pay all the costs in the action, to be taxed, in addition to the shew iff’s fees, and, as so modified, affirmed, with) $10 costs and disbursements to the appellant.)