Appellate Division of the Supreme Court of New York, 1937

Staib v. Yonkers Railroad

Staib v. Yonkers Railroad
Appellate Division of the Supreme Court of New York · Decided October 11, 1937
252 A.D. 762; 299 N.Y.S. 142; 1937 N.Y. App. Div. LEXIS 6192
Staib v. Yonkers Railroad

Opinion of the Court

On argument, order denying motion to vacate the order dismissing the complaint and to restore the cause to the calendar reversed on the law and the facts and motion granted on condition that appellants pay respondent fifty dollars costs within ten days from the entry of the order hereon; otherwise, order affirmed, with ten dollars costs and disbursements. In the circumstances, we think the default should be opened on the terms stated. Carswell, Davis, Johnston, Adel and Close, JJ., concur.

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