Appellate Division of the Supreme Court of the State of New York October 23, 1908, No. 2 (Schmitz v. Wyckoff, Church & Partridge)

Clarke, J.:

An order was made permitting service of a supplemental answer on July 23,1908, upon the payment of costs from the beginning of the action. On August eleventh an order to show cause was made returnable on the twelfth of August why an order should not be granted foreclosing the said defendant from accepting the condition which would permit it to serve a supplemental answer herein as