Glueck v. Tull

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1920

Appellate Division of the Supreme Court of the State of New York · decided 1920-05-28

Appeal by the defendant; Samuel P. Tull, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1920, vacating a judgment and opening the default of defendant, as requires the defendant to stipulate .that he will consent to a reference and requiring defendant pay to plaintiffs the costs of the action to the date of the order.

Decided 1920-05-28

Per Curiam:

¶1For the reasons stated in Glueck v. Tull (192 App. Div. 81), decided herewith, the order will be modified by striking therefrom subdivision 3, which requires a stipulation to try the issues before a referee, and inserting in lieu thereof that the case be restored to the trial calendar, and may be placed on the day calendar for trial on two days’ notice, with ten dollars costs and disbursements to the appellant.

¶2Clarke, P. J., Laughlin, Dowling, Page and Greenbaum, JJ., concur.

¶3Order modified as indicated in opinion, and as so modified affirmed, with ten dollars costs and disbursements to appellant.