Elliott v. Luengene
City of New York Municipal Court
Appeal from an order granting the defendant’s motion for a review of the clerk’s. taxation and striking from the plaintiffs’ bill of costs the costs and disbursements of the first trial of this action.
1Opinion of the CourtO’Dwyer, J.
The action was tried and resulted in a judgment in-favor of the plaintiffs and upon appeal therefrom that judgment was reversed and a new .trial ordered,, “with costs to the appellant to abide the event.”
A new trial was had and again resulted in favor of the plaintiffs. The only question presented for our determination is one relating to the costs awarded by the decision of the General Term upon the appeal from the judgment on the first trial.
The plaintiffs contend that having succeeded in the action they are entitled to tax the .costs of the first trial and insist that the “ costs to the…
2Cases cited1 opinion
- Starr Cash-Car Co. v. ReinhardtNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Bueb v. GeratyCity of New York Municipal Court · 1900