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Cunningham v. Boston and Maine Railroad

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1930
229 App. Div. 823 (N.Y. App. Div. 1930)

Opinion

May, 1930.


Order modified by allowing to the plaintiff statutory costs before notice of trial, to be paid by the defendant, and ten dollars motion costs, on the ground that the defendant was in default in appearing and pleading, and is asking a favor of the court to vacate the judgment and to serve an answer; and as so modified order affirmed, with ten dollars costs and disbursements. Hinman, Davis and Hill, JJ., concur; Van Kirk, P.J., and Hasbrouck, J., vote for affirmance on the ground that the default was taken without notice to the attorney whose appearance had been recognized.


Summaries of

Cunningham v. Boston and Maine Railroad

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1930
229 App. Div. 823 (N.Y. App. Div. 1930)
Case details for

Cunningham v. Boston and Maine Railroad

Case Details

Full title:FRED CUNNINGHAM, Appellant, v. BOSTON AND MAINE RAILROAD, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1930

Citations

229 App. Div. 823 (N.Y. App. Div. 1930)