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Ortelero v. Dougherty

152 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1915-03-19 Docket No. 7008 English

Contents

Majority

p. 1131
ORTELERO v. DOUGHERTY.
(No. 7008.)
(Supreme Court, Appellate Division, First Department.
March 19, 1915.)

Headnote

Appeal from Special Term, New York County. Action by James V. Ortelero against George S. Dougherty. From an order granting defendant’s motion for leave to serve an amended answer, plaintiff appeals. Affirmed. Isidor Unger, of New York City, for appellant. Chas. J. Nehrbas, of New York City, for respondent.

The order appealed from must be modified, by requiring the defendant to pay all the costs of the action to date as a condition of permitting him to serve an amended answer. As so modified, the order is affirmed, without costs.