Frisch v. Dussault
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emeline Dussault, from a judgment of the County Court of Schenectady county, entered in the office of the clerk of said county on the 5th day of June, 1914, upon the decision of the court after a trial before the court without a jury, and also from an order entered in said clerk’s office on the 26th day of June, 1914, awarding costs to the plaintiff against the defendant.
1Opinion of the Court
Kellogg, J.:
But one question is raised upon this appeal. The plaintiff recovered judgment in the City Court of Schenectady for twenty-five dollars. Defendant appealed to the County Court for a new trial upon which the plaintiff recovered judgment for twenty-one dollars and fifty cents. Neither party made any offer of judgment as provided by section 3070 of the Code of Civil Procedure. The County Court awarded costs to the plaintiff. The defendant claims that the plaintiff, not having recovered fifty dollars damages in the County Court, under section 3228 of the Code of Civil Procedure, is not…
2Cases cited2 opinions
- Pierano v. . MerrittNew York Court of Appeals · 1896
- Lawson v. SpeerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Chiacchia v. Nineteen Hundred Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Jones v. Watters, New York County Courts1928