Appellate Division of the Supreme Court of New York, 1909

Barnes v. Midland Railroad Terminal Co.

Barnes v. Midland Railroad Terminal Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1909
133 A.D. 918
Barnes v. Midland Railroad Terminal Co.

Opinion of the Court

Order modified so that the defendant may serve a supplemental answer upon payment of $300, provided it stipulate to waive all costs if it finally prevail perforce alone of the new matter in such answer, and also that plaintiffs may withdraw, without costs, any allegations in their complaint as to which new matter by way of defense is set up in said answer; and as so modified the order is affirmed, without costs. Ho opinion. Hirschberg, P. J., Jenks,-Gaynor, Rich and Miller, JJ., concurred. .

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