Hyperlawhypertext legal database Fabbri v. Meyer 143 N.Y.S. 1116

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Fabbri v. Meyer

143 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1913-10-24 English

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p. 1116
FABBRI v. MEYER et al.
(Supreme Court, Appellate Division, First Department.
October 24, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Edith Fabbri against Anna C. Meyer and anotber. From an ordex denying a motion for leave to serve an amended complaint, and giving leave to discontinue, plaintiff appeals. Reversed, and motion granted. Rumsey, .Sbeppard & Ingalls, of New York City, for appellant. I-latch & Sheehan, of New York City, for respondent Meyer. Dexter, & Fleming, of New York City, for respondent Taylor.

The order appealed from should be reversed, with $10• costs and disbursements to the appellant, and the raotion granted, to provide, first, that the motion for leave to serve an amended complaint be granted on the payment of full costs and disbursements to be taxed, unless the plaintiff elects to discontinue the action on the payment of costs and disbursements, in which case the action is discontinued.