Legal Opinion

People v. McDermott Dairy Co.

Appellate Terms of the Supreme Court of New York

Decided May 15, 1915PublishedCited by 1 opinion

Appeal by the defendant from an order retaxing costs in two judgments in the Municipal Court of the city of New York, borough of Manhattan, first district.

1Opinion of the CourtCohalan, J.

Two actions were brought in the Municipal Court by the plaintiff to recover penalties for violations of the Agricultural Law. Defendant in the first action obtained a judgment dismissing the plaintiff’s complaint and the clerk of the court thereupon taxed costs in favor of the defendant in the sum of $22.41, and the judgment was entered on May 25, 1914, for that amount against the plaintiff. No appeal was taken from this judgment. In the second action, the plaintiff recovered a judgment against the defendant in the lower court and upon the appeal to this court the judgment was reversed “ with…

2Cases cited7 opinions

  1. Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
  2. Krakower v. DavisAppellate Terms of the Supreme Court of New York · 1897
  3. People ex rel. Solomon v. LangAppellate Division of the Supreme Court of the State of New York · 1905
  4. Averbuck v. HochlickNew York Supreme Court · 1909
  5. Fallon v. CrocicchiaAppellate Terms of the Supreme Court of New York · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. People v. McDermott Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1915

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