Beetson v. Stoops — 89 N.Y.S. 1100

Majority

p. 1100

BEETSON v. STOOPS et al.

(Supreme Court, Appellate Division, First Department.

June 24, 1904.)

Headnote

Action by Catherine M. Beet-son against Mary E. Stoops and others. From an order granting defendant Stoops leave to serve an amended answer, plaintiff appeals. Modified.

J. Delahunty, for plaintiff.

H. Wetherhorn, for defendant Stoops.

H. W. Bookstaver, for other defendants.

The order will be modified by imposing, as a condition of allowing the amendment, the payment of the plaintiff’s taxable costs and disbursements to the time of the motion, together with $10 costs of motion, and, as modified, the order will be affirmed, without costs.