← Cases

Knowles v. New York, N. H. & H. R.

155 N.Y.S. 1117 Court Court, Appellate Division, Second Department. Decision date 1915-10-08 English

Contents

Majority

p. 1117
KNOWLES, Respondent, v. NEW YORK, N. H. & H. R. CO., Appellant.
(Supreme
p. 1118
Court, Appellate Division, Second Department.
October 8, 1915.)

Headnote

Action by Grace Knowles, as administratrix, etc., of Charles E. Knowles, deceased, against the New York, New Haven & Hartford Railroad Company.

Order denying motion to open default reversed, with $10 costs and disbursements, and defendant’s motion to open its default granted, upon the following termsUpon condition that within 10 days from the entry of this order the defendant pay to plaintiff’s attorney the sum of $500, and also give a stipulation to the effect that it consents that any future judgment which plaintiff may recover in this action shall carry interest at the rate of 6 per cent, per annum, computed from the 8th day of July, 1915, then said default shall be opened, and the judgment entered July 8, 1915, shaE be thereupon vacated and set aside; otherwise, the motion to open default is denied. See, also, 164 App. Div. 711 , 150 N. Y. Supp. 99 .

Cases cited