Appellate Terms of the Supreme Court of New York, 1953

Stekoll v. Sinex Corp.

Appellate Terms of the Supreme Court of New York · Decided May 28, 1953

204 Misc. 200; 122 N.Y.S.2d 863; 1953 N.Y. Misc. LEXIS 1900

Counsel

Hyman Frank and Maurice Rubinger for appellant., Melvin W. Agrest for respondent., Ralph K. Keesing for third-party defendant.

Opinion of the Court

Per Curiam.

It appears that plaintiff incurred traveling costs amounting to $160 in coming from Oklahoma to New York City to attend the trial and he should be reimbursed therefor, in addition to the sum of $25 costs imposed by the court below as a condition for granting the motion to open default.

*201The order should be modified to the extent of requiring defendant-respondent to pay to plaintiff the sum of $160 in addition to the sum of $25 costs imposed by the court below, and as modified affirmed, without costs.

Hofstadter, Eder and Schreiber, JJ., concur.

Ordered accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.