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Papay v. City of New York

68 N.Y.S. 1145 Court N.Y. City Ct. Decision date 1901-02-28 English

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p. 1145
PAPAY, Appellant, v. CITY OF NEW YORK et al., Respondents.
(City Court of New York, General Term,
February 28, 1901.)

Headnote

Action by Daniel Papay against the city of New York and another. From an order denying plaintiff’s motion to discontinue, without costs, he appeals. Order reversed, without costs, providing appellant consent to entry of an order of discontinuance and payment to each of defendants of a full bill of costs.
Nathaniel Tonkin, for appellant.
William P. Hill and William F. Kimber, for respondents.

The order appealed from is hereby reversed, without costs to either party, providing the appellant consents to the entry of an order .of discontinuance against defendants and payment to each of them of a full bill of costs and disbursements to date; said terms to be complied with within five days after entry of such order. If these terms are not satisfactory to appellant, then the order appealed from is hereby affirmed, with costs and disbursements of appeal.