Kudysch v. Brachfeld

Order unanimously reversed upon the law, with ten dollars costs to appellants, and motion to resettle the order of April 2, 1928, granted so as to include the papers referred to in the order to show cause, dated March 15, 1928. We find no photostatic copy of a bill of December 24, 1927, filed with the papers and that bill is not referred to in the order to show cause dated March 15, 1928, and cannot be included in the order as resettled. The order of April 2, 1928, recited affidavits submitted by the plaintiff in opposition to the former motion. Since the defendants’ order to show cause…