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eBook details

• Title: Winston C. Becannon v. Vincent P. Smith
• Author : Supreme Court of New York
• Release Date : January 03, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

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[31 A.D.2d 810 Page 810] Judgment reversed and order reversed insofar as appealed from, on the law and the facts, with $50 costs and disbursements
to plaintiff; and plaintiff's motion to strike out appellant's answer denied, on condition that appellant (a) give an undertaking
of $10,000, with corporate surety, within 20 days after entry of the order hereon, that he will pay any judgment which plaintiff
may procure against him in this action; (b) will submit to examination and produce books and papers, in accordance with the
order dated March 10, 1967, at a time set forth in a written notice of not less than 10 days, to be given by plaintiff; and
(c) pay the costs and disbursements of this appeal within 10 days after service of a copy of the bill of costs, as taxed,
with notice of the taxation. Under all the circumstances, in our opinion the interests of justice require that appellant have
his day in court upon compliance with the terms and conditions above set forth. The court notes that the record submitted
on this appeal contained numerous errors, was in many respects incomplete, and that its contents were arranged without chronological
or logical sequence, so that the court had the burdensome task of untangling [31 A.D.2d 810 Page 811]

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