Olin J. Stephens, Inc. v. Laykenack Realty, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Olin J. Stephens, Inc., from an order of the County Court of Bronx county, entered in the office of the clerk of said county on the 17th day of February, 1915, retaxing plaintiff’s bill of costs and awarding a full bill of costs to the defendant.
1Opinion of the Court
Scott, J.:
The sole question involved in this appeal is whether or not an offer of judgment made by defendant was effectual-to save said defendant the costs accruing after the offer was made. The action was instituted to recover the sum of - §790.61, a balance alleged to be due for goods sold and delivered. Simultaneously with the service of. the. answer herein .thee'defendant offered to allow judgment to he taken against it:by:the--plaintiff for the ..sum of $432.61, with interesMhereon from March *84615, 1914, together with the sum of $15 costs. Upon the trial of this action a verdict was rendered…
2Cases cited1 opinion
- Lynk v. . WeaverNew York Court of Appeals · 1891
3Cited by1 opinion
- Deck v. Chautauqua County Patrons' Fire Relief Ass'nNew York Supreme Court · 1973