Legal Opinion
Lapof v. Rigerman
Appellate Terms of the Supreme Court of New York
Decided February 5, 1926PublishedCited by 3 opinions
1Opinion of the CourtDelehanty, J.
The action was brought to take and state an account. On the trial the complaint was dismissed on the ground that the court had no jurisdiction of the subject-matter. The costs were taxed at sixty-five dollars based on the amount set forth in the summons. That a court has the power to award' costs where the action is dismissed for lack of jurisdiction is beyond question. (Day v. Sun Insurance Office, 40 App. Div. 305; affd., on opinion below, 167 N. Y. 543; Seacoast Trust Co. v. Mugman, 184 App. Div. 895.)
A dismissal of the case at the trial for lack of jurisdiction was a trial within the…
2Cases cited3 opinions
- Day v. Sun Insurance OfficeAppellate Division of the Supreme Court of the State of New York · 1899
- Sea Coast Trust Co. v. MugmanAppellate Division of the Supreme Court of the State of New York · 1918
- Day v. . Sun Insurance OfficeNew York Court of Appeals · 1901
3Cited by3 opinions
- Keith v. StateOhio Court of Appeals · 1936
- O'Connor v. La PapilaCity of New York Municipal Court · 1956
- Christ v. AllardNew York City Court · 1937