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22 Misc. 765

Toal v. Soher

City of New York Municipal Court

Decided February 15, 1898

City of New York Municipal Court · decided 1898-02-15

<p>Appeal from an order of the Special Term, 'opening a default.</p>

Decided 1898-02-15

Fitzsimons, Ch. J.

¶1I think that the Special Term justice, upon the papers submitted to him herein, was justified in opening defendant’s default.

¶2Such papers, in my opinion, ¡presented sufficient cause for so doing. The terms imposed, I think, were insufficient; in addition to such terms the plaintiff should have been 'allowed all disbursements incurred by her.

¶3The order appealed from is modified to that extent, and as so modified, is affirmed, without costs.

¶4Corlar, J., concurs.

¶5Order modified, and as so modified, affirmed, without costs.

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