Voelker v. Fieldman , 222 A.D. 826 ( 1928 )


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  • — Order modified by changing the terms upon which the opening of the *827default was granted, from the payment of taxable costs to date, to the payment by defendant of twenty-five dollars costs. As so modified, the order is affirmed, without costs. We are of opinion that the action of the justice presiding was not a proper exercise of discretion. Young, Seeger and Carswell, JJ., concur; Kapper and Hagarty, JJ., dissent, being of opinion that the discretion exercised by the justice presiding should not be disturbed.

Document Info

Docket Number: Appeal No. 1

Citation Numbers: 222 A.D. 826

Filed Date: 1/15/1928

Precedential Status: Precedential

Modified Date: 2/3/2022