H. G. Vogel Co. v. Wolff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harris Wolff, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 20th day of Hovember, 1913, setting aside and vacating a judgment entered upon an order of this court making the order of the Court of Appeals the order of this court on a remittitur from the Court of Appeals affirming an order and answering in the affirmative a question certified by this court in…
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Appeal by the defendant, Harris Wolff, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 20th day of Hovember, 1913, setting aside and vacating a judgment entered upon an order of this court making the order of the Court of Appeals the order of this court on a remittitur from the Court of Appeals affirming an order and answering in the affirmative a question certified by this court in so far as said order limits the defendant on retaxing his costs to motion costs and disbursements.
1Opinion of the Court
Laughlin, J.:
The single point presented by the appeal is whether on the affirmance of an order of this court overruling a demurrer interposed by the plaintiff to the answer, which demurrer was brought on for hearing at Special Term as a contested motion pursuant to the provisions of section 916 of the Code of Civil Procedure, such affirmance entitles the successful party to tax full costs as provided by subdivision 5 of section 3251 of the Code of Civil Procedure, or only to ten dollars costs and disbursements. On an appeal to this court from an order, costs are expressly made discretionary…
2Cases cited1 opinion
- White v. . AnthonyNew York Court of Appeals · 1861