Lauria v. Capobianco

This is an application for an award of costs and an extra allowance in a summary proceeding to recover the possession of leased premises. The proceeding was tried before me with a jury and resulted in a verdict in favor of the tenant. The contention of the tenant is that he is entitled, in the discretion of the justice presiding at the trial, to the same costs as those allowed in an action in this court under section 3240 of the Code of Civil Procedure. The questions litigated upon the trial were of such a character that if the matter were discretionary with me I should award the amount of…