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Mendello v. Rosati

61 N.Y.S. 1102 Court N.Y. City Ct. Decision date 1899-12-29 English

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p. 1102
MENDELLO v. ROSATI.
(City Court of New York, General Term.
December 29, 1899.)

Headnote

Costs—Application to Sde as Poor Person.
Where, on order to show cause why plaintiff’s application to sue as a poor person should not be allowed, two affidavits were attached to the order, without the knowledge of the justice, and used on the return day by plaintiff, it was proper to deny the application.
Appeal from special term.
Action by Raffelo Mendello, as infant, etc., against Giovannie Rosati. From an order denying plaintiff’s application to sue as a poor person, he appeals. Affirmed.
Argued before FITZSIMONS, C. J., and O’DWYER, J„
J. Palmieri, for appellant.
M. Alter, for respondent.

Under the circumstances, the order appealed from

was a proper one. It appears that, after the order to show cause was signed by the special term justice, two affidavits were annexed thereto without the knowledge or consent of said justice, and were used upon the return day by plaintiff. It was therefore proper for him to deny plaintiff’s application to sue as a poor person. The plaintiff may, however, renew his application upon proper papers. Order appealed from is affirmed, with costs.