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Hafelin v. Silverman

32 N.Y.S. 918 Court N.Y. City Ct. Decision date 1895-03-19 English

Delivered by EHRLICH, 0. J.

Contents

Majority

p. 918
HAFELIN v. SILVERMAN et al.
(City Court of New York, General Term.
March 19, 1895.)

Headnote

Replevin—Undertaking—Filing Nunc Peo Tunc.
Where defendant’s affidavits in a proceeding to rebond the property are in compliance with the statute, the court may allow a new undertaking to be filed nunc pro tunc.
Appeal from special term.
Action by Arnold Hafelin against Louis Silverman and others. From an order denying a motion to compel the delivery of the chattels replevied, plaintiff appeals. Affirmed.
Argued before EHRLICH, C. J., and VAN WYCK and NEW-BURGER, JJ.
P. P. Stafford, for appellant.
D. 0. Myers, for respondents.

The affidavits on the part of the defendants on the proceedings to rebond the property sufficiently complied with the statute, and the court below had power to allow a new undertaking to be filed nunc pro tunc. There was therefore nó abuse of ■ discretion in the court below, and the order appealed from must be affirmed, with costs. All concur.