Crown v. H. M. Goldstein Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. M. Goldstein Company, Inc., 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 2d day of November, 1918, granting plaintiff’s motion for a review of the taxation of the defendant’s costs herein.
1Opinion of the Court
Shearn, J.:
When this court reverses a judgment and orders a new trial, “ with costs to the appellant to abide the result of the final judgment in the action,” which is the usual form employed in the order of reversal where the court decides to award costs “ to the appellant to abide the event,” and upon such new trial the appellant succeeds to the extent of establishing a right, as a matter of law, to tax a bill of costs, such successful appellant thereby becomes entitled to tax the costs of the appeal. In such case it does not matter whether, in an action embracing several counts, the net…
2Cases cited5 opinions
- Taylor v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Shiels v. GreeneAppellate Division of the Supreme Court of the State of New York · 1906
- Selden v. BlockAppellate Terms of the Supreme Court of New York · 1915
- Crown v. H. M. Goldstein Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Crown v. H. M. Goldstein Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by1 opinion
- In re the Accounting of SnyderAppellate Division of the Supreme Court of the State of New York · 1947