Hafelin v. Silverman — 66 N.Y. St. Rep. 344

Majority

p. 344

Arnold Hafelin, App’lt, v. Louis Silverman et al., Resp’ts.

(New York City Court, General Term,

Filed March 19, 1895.)

Headnote

Replevin—Undertaking.

Where the affidavits on the part of the defendant, in a proceeding to re-bond the property, sufficiently comply with the statute, the court has power to allow a new undertaking to be filed nunc pro tune.

Appeal from an order, denying a motion to compel the delivery of the chattels replevied.

P. P. Stafford, for app’lt; D. C. Myers, for resp’t.

The affidavits on the part of the defendants on the proceedings to rebond the property sufficiently complied with the statute, and the court below had power to allow a new undertaking to be filed nunc pro tune. There was therefore no abuse of discretion in the court below, and the order appealed from must be affirmed, with costs.

All concur.