Goldstein v. Perlman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Max Goldstein against Robert Perlman. Prom a judgment for defendant, plaintiff appealed, bringing up for review an order denying a motion for retaxation of costs.
1Opinion of the CourtBijur, J.
Plaintiff sued for $248.25. After partial proof, he discontinued. Twenty dollars costs were awarded to defendant under section 332, subd. 2, of the Municipal Court act (Laws 1902, c. 580). The costs should have been awarded under subdivision 6. See Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207; Whitman Co. v. Travers Bailey Co. (Sup.) 96 N. Y. Supp. 172.
Judgment modified, by striking therefrom the amount of $10 costs, and, as so modified, affirmed, with $10 costs to appellant. All concur.
2Cases cited2 opinions
- Blum v. O'ConnorAppellate Terms of the Supreme Court of New York · 1903
- Whitman Co. v. Travers Bailey Co.Appellate Terms of the Supreme Court of New York · 1905