Federal Iron & Metal Co. v. William Levine & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the Federal Iron & Metal Company, Incorporated, against William Levine & Co. From an order denying defendant’s motion to retax costs, defendant appeals. Appeal dismissed.
1Per curiam
This appeal is from an order denying in part the defendant’s motion to retax the costs theretofore taxed in favor of the plaintiff. The Municipal Court Code makes no provision for an appeal of this character. If, upon a motion made for a review of taxation of costs, the judgment is thereby increased or diminished, an appeal, if taken at all, must be from the judgment. Speigelman v. Union R. R. Co., 95 App. Div. 92, 88 N. Y. Supp. 478. If, upon such review, the motion is denied, and the judgment remains as originally entered, following the rule-laid down in People ex rel. Solomon v. Lang, 109…
2Cases cited2 opinions
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Solomon v. LangAppellate Division of the Supreme Court of the State of New York · 1905