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Per Curiam: The order appealed from should be modified by requiring the plaintiff as a condition of amendment to pay all costs in the action to date, except the trial fee and the disbursements of the trial. As so modified the order should be affirmed, without costs. Present — Patterson, P. J., Ingraham, McLaughlin, Laughlin and Scott, JJ. Order modified as stated in memorandum, and as modified affirmed, without costs. Settle order on notice.
Document Info
Filed Date: 3/15/1909
Precedential Status: Precedential
Modified Date: 11/12/2024