SOLOMON v. TERLIZZI


15 A.D.2d 802 (1962)

Obediah Solomon, Respondent, v. Michael Terlizzi, Appellant

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

February 13, 1962


Order modified by adding thereto a provision that, as a condition to the granting of the motion and to the vacation of the judgment and the restoration of the action to the calendar for trial, plaintiff shall pay to defendant the sum of $100. As so modified, the order is affirmed, without costs.

While plaintiff was entitled to the relief granted, nevertheless under the circumstances disclosed by the record before us defendant is also entitled to be reimbursed, to...

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