Brazee v. Town of Hornby
New York County Courts
Motion by the plaintiff for a review of a taxation of costs in favor of the defendant after a trial, in the County Court of Steuben county, of an action begun in justice’s court.
1Opinion of the CourtRobinson, J.
The plaintiff recovered in Justice’s Court a judgment for $92.86 damages and $8.40 costs. The defendant appealed to this court demanding a new trial. . Within fifteen days the plaintiff (under section 3070 of the Code of Civil Procedure) served a written offer to allow judgment to be rendered in this court in his, the plaintiff’s, favor for $92.86, just the amount of the judgment below. The offer was not accepted and no offer was made on behalf of the defendant. The case went on the calendar and was reached in its regular order and moved and the complaint dismissed, the defendant wholly…
2Cases cited2 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Fowler v. DearingAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Rose v. WellsAppellate Division of the Supreme Court of the State of New York · 1904