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Messer v. Burstein

151 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1915-02-11 Docket No. 6885 English

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p. 1130
MESSER v. BURSTEIN et al.
(No. 6885.)
(Supreme Court, Appellate Division, First Deartment.
February 11, 1915.)

Headnote

Appeal from pecial Term, New York County. Action by Fannie Messer against Charles Burstein and others. From an order permitting defendants to interpose an amended answer, plaintiff appeals.
Modified and affirmed.
Hugo Wintner, of New York City, for appellant. Joseph F. Murray, of New York City, for respondents.

The order appealed from should be modified, by imposing as a condition for allowing the defendants to serve an amended answer that said defendants pay full costs of the action up to the time of the service of the amended answer; the case to remain upon the calendar and to be tried when reached, as if the amendment had not been allowed. As so modified, order affirmed, without costs.