Legal Opinion

Merkel v. Lazard

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1910PublishedCited by 3 opinions

Appeal by the defendants, Alexander Lazard and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of June, 1909.

1Opinion of the Court

Scott, J.:

This is an appeal from an order affirming the clerk’s taxation of costs.

On the first trial of the action a verdict was directed in favor of plaintiff, and the exceptions ordered to be heard in the first instance at tbe Appellate Division. The latter court sustained the exceptions and ordered a new trial, with costs to defendants to abide the event. On the second trial the complaint was dismissed, but the Appellate Division reversed the judgment entered upon the dismissal,-and again ordered a new trial. The defendants, stipulating for judgment absolute incase of affirmance, appealed…

2Cases cited2 opinions

  1. Merkel v. LazardAppellate Division of the Supreme Court of the State of New York · 1906
  2. Van Slyck v. . WoodruffNew York Court of Appeals · 1908

3Cited by3 opinions

  1. Lewitus v. SeccombCity of New York Municipal Court · 1930
  2. Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1911
  3. Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1911

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