Schwartz v. Schendel
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of Hew York, borough of Manhattan, second district, opening the default of the -defendant.
1Opinion of the CourtBeekman, P. J.
In opening defendant’s default, the court below imposed the following conditions:
1. The payment of $10 costs.
2. The payment of the costs embraced in the judgment by default, amounting to $17.50.
3. The payment of $16.50 for witnesses’ fees.
4. The deposit with the clerk of $200, the amount of the plaintiff’s claim.
The defendant appeals from only so much of the order as imposes the conditions above mentioned.
The objection is made that this court has no power to review the terms upon which such an order is made, on the ground that, under chapter 748 of the Laws of 1896, which confers authority…
2Cases cited1 opinion
- Szerlip v. BaierAppellate Terms of the Supreme Court of New York · 1898
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