Legal Opinion

Schwartz v. Durning

Mamaroneck Justice Court

Decided June 14, 1977Published

1Opinion of the Court

OPINION OF THE COURT

Russell G. Pelton, J.

After trial duly held, and presentation of testimony and other evidence, this court rendered a decision awarding damages to plaintiff and awarding statutory costs under the Uniform Justice Court Act.

Defendant now calls to the attention of the court section 1902 of the Uniform Justice Court Act which states that a party shall be allowed costs only "if he has appeared by attorney.” In this case the plaintiff appeared pro se. Defendant was represented by an attorney (for the carrier).

One of the advantages of the system of our Town Justice Courts in New…

2Cases cited7 opinions

  1. New York Dock Co. v. McCollumNew York Supreme Court · 1939
  2. Klein v. SharpAppellate Division of the Supreme Court of the State of New York · 1973
  3. Caperna v. Williams-Bauer Corp.City of New York Municipal Court · 1945
  4. Gildener v. LynchNew York Supreme Court · 1945
  5. Cachules v. FinkelsteinAppellate Division of the Supreme Court of the State of New York · 1951

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