Connors v. Galbraith — 129 N.Y.S. 1117

Majority

p. 1117

CONNORS v. GALBRAITH et al.

(Supreme Court, Appellate Division, First Department.

May 12, 1911.)

Headnote

Appeal from Special Term, New York County. Action by Michael Connors against James Galbraith and another. From an order allowing defendants to serve an amended answer, plaintiff appeals.

Modified, and, as modified, affirmed.

Edgar J. Treacy, for appellant. Mr. Fairchild, for respondents.

The order should be modified, by imposing as a condition for allowing the amendment the payment by the defendants of all the costs in the action, with the exception of a trial fee and $10 costs for opposing motion, and, as so modified, affirmed, without costs of this appeal.