Leo v. Reile

Action by Nicoletta Leo for personal injuries and by Frank Leo for medical expense and loss of services wherein there was a jury verdict for plaintiff, Nicoletta. and. in favor of defendant against plaintiff, Frank Leo. Defendant has entered a judgment for costs against Frank Leo and plaintiff moves to cancel and discharge the judgment. In this case there was a single complaint and a single answer.

There appears to be a conflict of authority on the point.

In Parler v. City of New York (72 N. Y. S. 2d 430 [1947]) Justice Capozzoli wrote: “ Some cases hold that costs are not properly taxable…