Appellate Terms of the Supreme Court of New York, 1905

Siegel v. Frankel

Siegel v. Frankel
Appellate Terms of the Supreme Court of New York · Decided April 24, 1905
93 N.Y.S. 533 (New York Supplement)

Counsel

Henry Salant, for appellant., Thomas F. Gilleran, for respondent.

Siegel v. Frankel

Opinion of the Court

PER CURIAM.

Ordinarily we are indisposed to interfere with discretionary orders of the court below. In the present case, however, the terms imposed upon opening the default seem to be quite inadequate. In addition to the $10 motion costs provided for by the order, there should be added a trial fee of $30 and the plaintiff’s disbursements.

The order will be modified to this extent, and, as modified, affirmed, without, costs.

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