Legal Opinion
Blum v. O'Connor
Appellate Terms of the Supreme Court of New York
Decided June 22, 1903PublishedCited by 6 opinions
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by A. Blum, Jr., Sons against Bartholomew O’Connor. Plaintiff voluntarily discontinued the action before trial, and from a judgment failing to award costs to defendant he appeals. Modified.
1Opinion of the CourtFreedman, P. J.
This action was commenced by the service of a summons on the defendant, returnable March 30, 1903. The amount sued for was $400. . The record shows that, upon the case being called, the defendant made a motion for costs for nonappearance on the part of the plaintiff. The plaintiff then appeared, and handed to the court the following notice:
“A. Blum Jrs. Sons, Plaintiffs, against Bartholomew O’Connor, Defendant.
“Plaintiff hereby voluntarily discontinues by Peck & McCann his attorneys.
“Peck & McCann, Plaintiff’s Attys.
“52 Broadway, New York.”
Defendant thereupon asked for costs on such…
2Cases cited3 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Levene v. HahnerAppellate Division of the Supreme Court of the State of New York · 1901
- Barry v. WinkleAppellate Terms of the Supreme Court of New York · 1901
3Cited by6 opinions
- Eppoletto v. ZuhrAppellate Terms of the Supreme Court of New York · 1908
- Sheeks v. SampleAppellate Terms of the Supreme Court of New York · 1915
- Whitman Co. v. Travers Bailey Co.Appellate Terms of the Supreme Court of New York · 1905
- Goldstein v. PerlmanAppellate Terms of the Supreme Court of New York · 1911
- Jasper v. GreenbergAppellate Terms of the Supreme Court of New York · 1910
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