Blood v. Sloan
New York County Courts
1Opinion of the CourtOttaway, J.
Counsel have come into court by agreement informally and have asked that the court fix the allowance of costs to plaintiff on order of discontinuance.
The facts presented disclose that; this action was brought for the foreclosure of a certain mortgage. The sole basis for foreclosure was the non-payment of one tax assessment. The defendant here appearing has paid this tax levy. Counsel have agreed on discontinuance of the action. They agree that plaintiff is entitled to costs before notice of trial and all necessary and proper disbursements.
It is urged by the plaintiff that he is also entitled…