Dick v. Leonori
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by James Dick against Charles L. Leonori. From so much of an order of the City Court of the City of New York as imposed only $20 costs as a condition of vacating a judgment in favor of defendant, after a trial and appeal taken therefrom, and granting the plaintiff leave to amend his complaint, defendant appeals. Modified and affirmed.
1Opinion of the CourtBijur, J.
Under the circumstances disclosed by the record in this case, full costs to date, together with $10 costs of the motion, should have been imposed. Purcell v. Hoffman House, 131 App. Div. 239, 115 N. Y. Supp. 778; Palazzo v. Degnon-McLean Contracting Co., 115 App. Div. 172, 100 N. Y. Supp. 681; Dunham v. Hastings Co., 109 App. Div. 514, 96 N. Y. Supp. 313.
The order appealed from is modified, by imposing full costs, together with $10 motion costs, and, as so modified, affirmed, with $10 costs and disbursements. All concur.
2Cases cited3 opinions
- Palazzo v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Purcell v. Hoffman HouseAppellate Division of the Supreme Court of the State of New York · 1909