Farrelly v. Schaettler

The order should be modified so as to allow the defendant costs of the action to the date of the amendment, except costs before trial, as a condition for the allowance of the amendment applied, for, and as so modified affirmed, with ten dollars costs and disbursements to the appellant.

Present — Patterson, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.

Order modified as directed in opinion, and as so modified affirmed, with costs to the appellant. Settle order on notice.