100 EIGHTH AVE. CORP. v. MORGENSTERN


4 A.D.2d 754 (1957)

100 Eighth Avenue Corp., Appellant, v. Frank N. Morgenstern et al., Respondents, and John Bichler, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1957


Judgment modified on the law by adding thereto provisions (1) that the dismissal of the complaint and the cause of action pleaded in the answer of appellant Bichler be conditional on the payment by respondent Morgenstern to appellant Bichler, within 10 days after the service of a copy of the order to be entered hereon, of $30.27 together with an amount equal to such appellant's costs and disbursements in the action up to the entry of the judgment appealed from, and (2) that...

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