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Gove v. Tischler

93 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1905-05-20 English

Decision Majority — PER CURIAM. · Dissent — VAN BRUNT, P. J.,

Contents
p. 1132
GOVE, Appellant, v. TISCHLER, Respondent.
(Supreme Court Appellate Division, First Department.
May 20, 1905.)

Headnote

Appeal from Special Term. Action by La Roy S. Gove, as trustee, etc., against Max Tischler. From an order granting defendant’s motion to vacate
p. 1133
a judgment in favor of plaintiff, he appeals. Modified.
A. C. Weil, for. appellant.
M. Feltenstein, for respondent.

The order appealed from should be modified, by requiring the defendant, as a condition of granting the motion, to pay $10 costs of opposing the same, and also $30 trial fee and the disbursements of the trial. As so modified, the order should be. affirmed, without costs.

dissents, upon the ground that the order should be reversed, and the motion denied.