Appellate Division of the Supreme Court of New York, 1911

Rudolph v. Slowey

Rudolph v. Slowey
Appellate Division of the Supreme Court of New York · Decided March 15, 1911
143 A.D. 925; 128 N.Y.S. 1144
Rudolph v. Slowey

Opinion of the Court

Per Curiam:

The order appealed from should be reversed, without costs, and the motion granted to the extent of opening the defendant’s default and permitting her to answer upon condition that she pay all costs of the action to date to be taxed; the judgment to stand as security for any recovery the plaintiff may have. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Order reversed, without costs, motion granted to extent stated in opinion, judgment to stand as security for any recovery plaintiff may have. Settle order on notice.

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