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Coonan v. Hamburg-American Packet Co.

135 N.Y.S. 1106 Court N.Y. App. Div. Decision date 1912-05-24 English

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p. 1106
COONAN, Respondent, v. HAMBURG-AMERICAN PACKET CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
May 24, 1912.)

Headnote

Action by William H. Coonan against the Hamburg-American Packet Company.

Motion to resettle order ( 134 N. Y. Supp. 1129 ) granted, so that it shall contain these additional provisions: The defendant may retax the costs which accrued to it prior to the service of plaintiff’s amended complaint, within 5 days after the entry of this order and notice thereof, and all proceedings on the part of plaintiff in this action are hereby stayed until said costs are paid, and for 30 days thereafter; if such costs are not paid within 10 days after such retaxation, defendant may apply at Special Term for an order dismissing the complaint, or for such other and further relief as may be just. See, also, supra.