Appellate Division of the Supreme Court of New York, 1905

Gove v. Tischler

Appellate Division of the Supreme Court of New York · Decided May 20, 1905 · Brunt

93 N.Y.S. 1132 (New York Supplement)

Counsel

A. C. Weil, for. appellant., M. Feltenstein, for respondent.

Opinion of the Court

PER CURIAM.

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.

Dissenting Opinion

VAN BRUNT, P. J.,

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

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