Majority
p. 1098Richard BACHIA and another, respondents v. C. Milton ROGERS, appellant. (Supreme Court, Appellate Division, Second Department June 9, 1916.)
Motion for reargument denied without costs. On the new trial of this actioi the plaintiffs may prove that the order permit ting the giving and filing of a new or amendec undertaking was complied with by plaintiffs (O’Connor v. Walsh, 83 App. Div. 179 , 82 N. Y Supp. 499 ), and appropriate findings may b< made by the trial court.
Cases cited
- O'Connor v. Walsh 83 App. Div. 179 p. 1098