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Schwartz v. Williams

138 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1912-11-27 English

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p. 1141
SCHWARTZ, Appellant, v. WILLIAMS et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
November 27, 1912.)

Headnote

Action by Michael I. Schwartz against Herbert E. Williams and others.

Motion to open default granted, on payment of $10 costs within five days from the date hereof, and order resettled, so that upon payment of the costs and disbursements of the appeal, and the costs imposed by the court at Special Term, within five days after the date of the order, plaintiff appellant shall have leave to serve an amended complaint, and that upon compliance with these conditions this order be entered in place and stead of the other order entered herein on November 1, 1912, and, in the event of a failure to comply with such conditions, the motion to open the default and resettle the order is denied, with $10 costs. See, also, 137 N. Y. Supp. 1048 .