Barton Realty Corp. v. Mangan

Judgment dismissing appellant’s petition in the nature of prohibition to compel a Civil Court Judge to vacate a judgment readjusting costs, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements to either side, and petitioner-appellant’s motion for judgment is granted. Respondent 437 Fifth Company, a landlord, had partially prevailed on an earlier appeal to this court in a nonpayment summary proceeding. On that appeal, this court, in a Per Curiam *731opinion, modified an Appellate Term judgment, with an award of $50 costs to the landlord,…