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Bossert v. Dhuy

151 N.Y.S. 1105 Court N.Y. App. Div. Decision date 1914-12-18 English

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p. 1105
BOSSERT et al., Respondents, v. DHUY et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
December 18, 1914.)

Headnote

Action by Louis Bossert and others against Frederick Dhuy and others.

It was the intention of this court in the case of Bossert v. Dhuy, 151 N. Y. Supp. 877 , which was the appeal taken by the defendants from the judgment in said action, to affirm said judgment without costs, and it was also the intention of this court, in the same case, upon the appeal taken by the plaintiffs from a portion of the same judgment ( 151 N. Y. Supp. 881 ), to affirm that without costs. Through an error, 'the decision as it appeared was that the judgment in the latter case was affirmed, with costs. Plaintiffs’ notice of motion in this case is not sufficiently broad to enable us to correct this error at the present time. Motion denied, without costs.