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In re Kindberg

128 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1911-03-17 English

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p. 1129
In re KINDBERG.
(Supreme Court, Appellate Division, First Department.
March 17, 1911.)

Headnote

Appeal from Trial Term, New York County. In the matter of Edward O. Kind-berg, deceased. Appeal from an order opening default of the Presbyterian Hospital at Trial Term. Order modified and affirmed.
James M. Hunt, for appellant.
D. Leventritt, for respondent.

The order should be modified, so as to require, as a condition of opening the default, the payment to the contestants of $30 trial fee and the disbursements of the trial at Trial Term, and $10 costs of opposing motion. As so modified, the order should be affirmed, without costs.