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Donnelly v. Whitaker

95 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1905-12-22 English

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p. 1125
DONNELLY, Appellant, v. WHITAKER et al., Respondents.
(Supreme Court, Appellate Division, First Department.
December 22, 1905.)
p. 1126

Headnote

Appeal from Special Term, New York County. Action by William F. Donnelly against Percival J. H. Whitaker and another. From an order granting defendants’ motion to intervene, plain-appeals.
Order modified, and, as modified, affirmed.
W. L. Stone, Jr., for appellant.
W. B. Irving, for respondents.

The order should be modified, so as to require the respondents to pay the costs of the action to the date of the order and $10 costs of motion, and, as thus modified, affirmed, without costs of appeal to either party.