Osborn v. . Cardeza
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 7, 1911, modifying and affirming as modified a final judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 7, 1911, modifying and affirming as modified a final judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. In an equitable action costs are within the discretion of the trial court, and when the court has once exercised its discretion in awarding costs, it cannot afterward amend its decision and judgment by withholding them. (Gennert v. Butterick Pub. Co., 133 App. Div. 86; Kiernan v. Agricultural…
1Opinion of the CourtCollin, J.
The appeal presents the single question, did the Appellate Division have the power to modify the final judgment, which awarded to the plaintiff the costs of the action and an extra allowance, by providing that neither party to the action should recover the costs of the action as against the other.
The complaint contained allegations of fact which upheld and justified the prayer for relief that the defendants as trustees in liquidation of a corporation of which the plaintiff was a stockholder and which was in process of dissolution under section 57 of the Stock Corporation Law be restrained…
2Cases cited9 opinions
- Young v. . ValentineNew York Court of Appeals · 1904
- Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1904
- Zapp v. . MillerNew York Court of Appeals · 1888
- Canton Brick Co. v. . HowlettNew York Court of Appeals · 1901
- Foley v. FoleyAppellate Division of the Supreme Court of the State of New York · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Casey v. . City of New YorkNew York Court of Appeals · 1916
- In re the Adoption of ManziNew York Surrogate's Court · 1935
- McGovern v. . City of New YorkNew York Court of Appeals · 1923
13 more not listed; retrieve them via the Exa API.