161 N.E. 177
Court of Appeals of the State of New York.Argued January 9, 1928
Decided January 17, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
James A. Nooney and John D. O’Neil for motion.
Laurence A. Steinhardt opposed.
Motion granted upon the following conditions:
1. The defendant shall stipulate that the action shall not abate in the event of the plaintiff’s death.
2. The defendant shall pay the costs of the appeal to date and ten dollars costs of motion within ten days.
If these conditions are not complied with within ten days, the motion is denied, with ten dollars costs.
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