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Smith v. Hellman

137 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1912-11-01 English

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p. 1144
SMITH, Respondent, v. HELLMAN et al., Appellants.
(Supreme Court, Appellate Division, Second Department,
November 1, 1912.)

Headnote

Action by William H. Smith against Charles Heilman and another.

Under the complicated circumstances shown in the record, we think that the default of the defendants should have been opened on proper terms. The, order is therefore reversed, and the motion to open the default and vacate the judgment is granted, on' condition that the defendants within 20 days pay to the plaintiff the sum of $30 costs. In case the - defendants fail to comply with this direction, the order is affirmed, with $10 costs and disbursements.