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Rudolph v. Slowey

128 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1911-03-17 English

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p. 1144
RUDOLPH v. SLOWEY.
(Supreme Court, Appellate Division, First Department.
March 17, 1911.)

Headnote

Appeal from Special Term, New York County. Action by Anton E. Rudolph against Ann T. Slowey. From an order denying motion to open default, defendant appeals. Reversed, and motion granted.
W. F. Clare, for appellant.
F. W. Noble, for respondent.

The order appealed from should be reversed, Without costs, and the motion granted, to the extent of opening the defendant’s default and permitting her to answer, upon condition that she pay all costs of the action to date to be taxed; the judgment to stand as security for any recovery the plaintiff may have.