H. M. Goldstein Co. v. Naday & Fleischer, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of New York refusing to strike out a bill of costs taxed in favor of the plaintiff.
1Opinion of the CourtDelehanty, J.
This action was brought in the City Court to recover the sum of $1,282.50 claimed as damages for breach of contract in failing to deliver goods.
The defendant counterclaimed for an unpaid balance under the same contract, claiming $620.63. After trial the jury rendered the following verdict: “ Verdict for the plaintiff and assess the damages at $779. Verdict for the defendant on counterclaim for $639.49.”
Judgment was entered in favor of plaintiff for the difference between the two verdicts, i. e., $139.51. *337Thereupon, the clerk taxed costs and disbursements in favor of the plaintiff, and upon…