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Wehle v. Mauz

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1975
48 A.D.2d 692 (N.Y. App. Div. 1975)

Opinion

May 19, 1975


In an action, inter alia, for the partition and sale of certain real property, defendant appeals from so much of an order of the Supreme Court, Westchester County, entered September 3, 1974, as (1) conditioned the grant of a motion to vacate a default judgment upon the conditions that defendant pay (a) $300 to plaintiffs' attorneys and (b) $500 to plaintiff Richard W. Wehle and (2) conditioned the restoration of the case to the calendar upon the making of such payments. Order modified by deleting from the second decretal paragraph thereof the figure "$500.00" and substituting therefor the figure "$300". As so modified, order affirmed insofar as appealed from, without costs. The amount allowed to plaintiff Richard W. Wehle was excessive to the extent indicated. Rabin, Acting P.J., Hopkins, Latham, Christ and Shapiro, JJ., concur.


Summaries of

Wehle v. Mauz

Appellate Division of the Supreme Court of New York, Second Department
May 19, 1975
48 A.D.2d 692 (N.Y. App. Div. 1975)
Case details for

Wehle v. Mauz

Case Details

Full title:RICHARD W. WEHLE et al, Respondents, v. WILLIAM MAUZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 19, 1975

Citations

48 A.D.2d 692 (N.Y. App. Div. 1975)

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