De Sairigne v. Gould

279 A.D. 985 | N.Y. App. Div. | 1952

If the defendant wishes the reference to proceed, the provision for costs thereof is modified to require defendant to pay only in the first instance, subject to the right of taxation in the event he is ultimately successful. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See 280 App. Div. 777.]