General
Ralph W. Stone and John L. Stone, as Executors, etc., and Another, Respondents, v. George Gerzog, Defendant, and Georgia Building Company, Appellant
184 A.D. 914·New York Supreme Court, Appellate Division·1918·NY
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Opinion
Ralph W. Stone and John L. Stone, as Executors, etc., and Another, Respondents, v. George Gerzog, Defendant, and Georgia Building Company, Appellant.
[MAJORITY]
Order modified so that appellant’s motion to vacate the judgment be granted unconditionally, with ten dollars costs, and as so modified affirmed, with ten dollars costs and disbursements of this appeal to appellant. The omission to serve with the answer an order directing trial of the issues under section 1778 of the Code of Civil Procedure had been waived. No opinion. Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ., concurred.