Appellate Division of the Supreme Court of New York, 1898

Toal v. Soher

Toal v. Soher
Appellate Division of the Supreme Court of New York · Decided February 23, 1898 · Fitzsimons
49 N.Y.S. 1149 (New York Supplement)
Toal v. Soher

Opinion of the Court

FITZSIMONS, C. J.

I think that the special term justice, upon the papers submitted to him herein, was justified in opening defendant’s default. Such papers, in my opinion, presented sufficient cause for so doing. The terms imposed, I think, were insufficient. In addition to such terms, the plaintiff should have been allowed all disbursements incurred by her. The order appealed from is modified to that extent, and, as so modified, is affirmed, without costs. CONLAN, J., concurs.

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