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Cogan v. Metropolitan Street Railway Co.

66 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1900-11-09 English

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p. 1129
COGAN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Division, First Department.
November 9, 1900.)

Headnote

Action by Catherine Cogan against Metropolitan Street-Railway Company. Prom an order denying defendant’s motion for leave to serve a supplemental answer, it appeals.
Reversed.
Chas. F. Brown, for appellant. Thomas P. Wickes, for respondent.

On the authority of Varríale v. Railway Co. (decided herewith) 66 N. Y. Supp. 559 , the order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, upon payment by the defendant of all the costs of the action up to the present time.