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Toal v. Soher

49 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1898-02-23 English

Delivered by FITZSIMONS, C. J.

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p. 1149
TOAL, Appellant, v. SOHER, Respondent.
(City Court of New York, General Term.
February 23, 1898.)

Headnote

Action by Ella Toal against Andrew Sober. Hardy & Schellabarger, for appellant. William Hildreth and Field & Deshon, for respondent.

I think that the special term justice, upon the papers submitted to him herein, was justified in opening defendant’s default. Such papers, in my opinion, presented sufficient cause for so doing. The terms imposed, I think, were insufficient. In addition to such terms, the plaintiff should have been allowed all disbursements incurred by her. The order appealed from is modified to that extent, and, as so modified, is affirmed, without costs. CONLAN, J., concurs.