MONTGOMERY COAL & OIL CO. v. FUSS


35 A.D.2d 817 (1970)

Montgomery Coal & Oil Co. et al., Respondent-Appellants, v. Arthur H. Fuss, Appellant-Respondent, et al., Defendants

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

November 9, 1970


Defendant Fuss appeals, as limited by his notice of appeal and his brief, from so much of the order as imposed the condition that an undertaking be furnished; and plaintiffs appeal from so much of the order as granted reargument. Order modified by (1) inserting in the second ordering paragraph thereof, immediately after the words "the Court adheres to its original decision", the following: "except that the provisions that a bond be furnished and that the judgment is vacated...

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