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Sullivan v. Hoe

149 N.Y.S. 558 Court N.Y. App. Div. Decision date 1914-10-30 Docket No. 6342 English

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p. 558
SULLIVAN v. HOE.
(No. 6342.)
(Supreme Court, Appellate Division, First Department.
October 30, 1914.)

Headnote

Infants (§ 116*) — Guardian Ad Litem — Discharge—Costs.
A guardian ad litem for an infant plaintiff should be required, as a condition to being relieved from acting as such, to pay the taxable costs to date.
[Ed. Note. — Bor other cases, see Infants, Cent. Dig. §§ 333-336; Dec. Dig. § 116.*]
Appeal from Special Term, New York County.
Action by Mae A. Sullivan, an infant, by her guardian ad litem, Philip J. Termini, against Arthur I. Hoe. From an order granting the motion of the guardian ad litem to be relieved from acting as such, defendant appeals.
Order modified and affirmed.
Argued before INGRAHAM, P. J., and CLARKE, SCOTT, DOW-LIN.G, and HOTCHKISS, JJ.
Edwd. G. Pringle, of New York City, for appellant.
Philip J. Termini, of New York City, for respondent.

The order appealed from should be modified, by requiring, as a condition of the guardian ad litem being relieved from further action, that he pay the taxable costs of the action to date.

As so modified, the order should be affirmed, with $10'costs and disbursements to the appellant.