Kozlowski v. Gomolski
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary K. Gomolski, from an order of the Supreme Court, made at the Oneida Trial Term and entered in the office of the clerk of the county of Oneida on the 17th day of November, 1916, vacating and annulling a judgment herein in her favor.
1Opinion of the Court
Kruse, P. J.:
The appellant and her husband were sued jointly in an action for libel. A verdict was rendered against the husband, but a nonsuit was directed in favor of the appellant. A separate judgment was entered in her favor dismissing the complaint, with costs. The judgment was set aside upon the ground that she was not entitled to costs, as of course, and the court had not exercised its discretion to that effect in her favor. Section 3229 of the Code of Civil Procedure provides: “ The defendant is entitled to costs, of course, upon the rendering of final judgment, in an action specified…
2Cases cited4 opinions
- Allis v. . WheelerNew York Court of Appeals · 1874
- Tanzer v. BreenAppellate Division of the Supreme Court of the State of New York · 1909
- Schuller v. RobisonAppellate Division of the Supreme Court of the State of New York · 1910
- Ingeman v. Snare & Triest Co.Appellate Division of the Supreme Court of the State of New York · 1913