If the defendant wishes the reference to proceed, the provision for costs thereof is modified to require defendant to pay only in the first instance, subject to the right of taxation in the event he is ultimately successful. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See 280 App. Div. 777.]
De Sairigne v. Gould
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1952-04-08
Citations: 279 A.D. 985
Copy CitationsLead Opinion