General
John Fiesel, an Infant under the Age of Fourteen Years, by Susan Fiesel, His Guardian ad Litem, Respondent, v. White Sewing Machine Company, Appellant
131 A.D. 893·New York Supreme Court, Appellate Division·1909·NY
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Opinion
John Fiesel, an Infant under the Age of Fourteen Years, by Susan Fiesel, His Guardian ad Litem, Respondent, v. White Sewing Machine Company, Appellant.
Appeal from an order of the Special Term, entered in the Hew York county clerk’s office on the 20th day of January, 1909, granting leave to serve an amended complaint.
[MAJORITY — Per Curiam:]
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.