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Kindgen v. Craig

149 N.Y.S. 1090 Court N.Y. App. Div. Decision date 1914-10-16 Docket No. 6199 English

Contents

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p. 1090
KINDGEN v. CRAIG et al.
(No. 6199.)
(Supreme Court, Appellate Division, First Department.
October 16, 1914.)

Headnote

Appeal from Special Term, New York County. Action by William J. Kindgen, as receiver, etc., against Letitia M. Craig and others. From an order denying defendants' motion to open their default in service of an answer, they appeal. Reversed, and motion granted on terms. See, also, 162 App. Div. 503 , 14'~' N. Y. Supp. 571; 149 N. Y. Supp. 1090. Arthur S. Levy, of New York City, for appellants. John C. Gulick, of New York City, for respondent.

The order appealed from will he reversed, and the motion for leave to open default and serve answer granted, upon defendant paying costs of the action, to be taxed, and consenting to refer the issues raised by said answer to the same referee heretofore appointed in this action.