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Uhlig v. Hunter

141 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1913-04-25 English

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p. 1149
UHLIG v. HUNTER.
(Supreme Court, Appellate Division, First Department.
April 25, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Charles W. Uhlig against John F. Hunter. From so much of an order as directs payment of taxable costs to date as a condition to opening default, defendant appeals. Modified. William H. Smith, Jr., of Mamaroneck, for appellant. S. F. Peavey, Jru •of New York City, for respondent.

The order appealed from should be modified, by requiring as a condition for the opening of the default the payment of trial fee and $10 costs of opposing motion, and, as so modified, affirmed, without costs.