Legal Opinion

Muller v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 29, 1910PublishedCited by 6 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of tihe county of Kings on the 24th day of May, 1910, granting plaintiff leave to continue, the action as ' a poor person and vacating a stay theretofore granted to the defendant. ■

1Opinion of the Court

Burr, J.:

On the 22d day of June, 1909, plaintiff recovered a verdict in this action, which verdict was afterwards set aside and a new trial granted, by an order of the learned trial justice before whom such trial was had. From that order an appeal was taken to this court, and on the 31st day of March, 1910, the- order was affirmed, with costs .(137 App. Div. 904), which were subsequently taxed at the sum of $101.

“Where costs of a motion, or any other sum of money, directed by an order to be paid, are not paid within the time fixed for that purpose by the order, or, if no time is so fixed,…

2Cases cited4 opinions

  1. Mcintyre v. German Savings BankNew York Supreme Court · 1891
  2. Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905
  3. Shapiro v. BurnsNew York Court of Common Pleas · 1894
  4. Wasserman v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by6 opinions

  1. Schechter v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1928
  2. In re the Estate of FriedmanNew York Surrogate's Court · 1938
  3. Brangaccio v. Weber Piano Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Shields v. Chilton Co.Appellate Division of the Supreme Court of the State of New York · 1939
  5. Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910

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