¶1The order appealed from should be reversed, with ten dollars costs and disbursements to the appellant, and the motion granted, to provide, first, that the motion for leave to serve an amended complaint be granted on the payment of full costs and disbursements to be taxed, unless the plaintiff elects to discontinue the action on the payment of costs and disbursements, in which case the action is discontinued. Present— Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars- costs and disbursements, and motion granted to the extent stated in opinion. Order to be settled on notice.
158 A.D. 914
Fabbri v. Meyer
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-10-15
<p>Appeal from an order of the Special Term, entered in the New York county clerk’s office on the 19th day of July, 1913, denying a motion for leave to serve an amended complaint and giving leave to discontinue the action upon certain terms.</p>
Decided 1913-10-15