Hyperlawhypertext legal database Goldstein v. Loew 122 N.Y.S. 1129

← Cases

Goldstein v. Loew

122 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1910-04-29 English

Contents

Majority

p. 1129
GOLDSTEIN v. LOEW.
(Supreme Court, Appellate Division, First Department.
April 29, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Jennie Goldstein against E. Victor Loew, Jr., as administrator, etc. A judgment in favor of defendant was vacated, and the complaint dismissed, and defendant appeals.
Modified and affirmed.
Alfred H. Holbrook, for appellant.
Louis H. Levin, for respondent.

The order vacating the judgment should be modified, by imposing as a condition of opening the default the payment of $30 trial fee, $10 term fee, $10 costs of opposing the motion, and the disbursements of entering judgment, and, as so modified, affirmed, without costs of this appeal. The order denying the motion to resettle should be affirmed, without costs.