Curry v. City of New York

The defendant 751 Nostrand Ave. Corp. not appearing on the motion or in the action.

Russell, J.

This motion is one to compel the clerk of this

court to tax costs following trial of a negligence action resulting in a verdict for an infant plaintiff in the sum of $400, and for his father, a joint plaintiff, in a loss of service action of $100, an aggregate recovery of $500. The plaintiffs claim that a joinder under provisions of section 209 of the Civil Practice Act, renders them a single entity, and as such, the total of both judgments equals the sum of $500 and that they thereby become entitled,…