William Bernard, Inc. v. Cowen
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York denying a motion to vacate an order for appellant Cowen’s examination in supplementary proceedings, based upon an award of forty dollars and two cents costs made by this court in Cowen v. Bernard, 80 Misc. Rep. 394, in granting Bernard’s motion to compel Cowen to file the deposition of a witness in supplementary proceedings.
1Opinion of the CourtGuy, J.
Costs upon a motion, not disposing of the merits of a cause, even though awarded by an order of the Appellate Division, are deemed interlocutory and are not enforcible against real property or by supplementary proceedings. Code Civ. Pro., § 779; Matter of Pettis v. Schwartz, 139 App. Div. 904; Matter of Stoddard, 128 id. 759; Seabury City Court Practice, 1096, 1097.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
Seabuby and Bijur, JJ., concur.
Order reversed with ten dollars costs, and motion granted, with ten dollars costs.
2Cases cited1 opinion
- Pettis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910