Defendorf v. Defendorf
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Mary Defendorf, from so much of an order of the Supreme Court, made at the New York Special Term, bearing date the 6th day of March, 1899, and entered in the office of the clerk of the county of New York, as limits to $200 the extra allowance of costs granted to the plaintiff. Appeal by the defendants, Wilson L. Defendorf and others, from so much of said order as denies motions for an extra allowance made on behalf of each of said defendants.
1Opinion of the Court
O’Brien, J.:
The learned judge below, satisfied that upon the merits the motion should have been granted, denied it for want of power; and, upon the facts presented, the sole question on this appeal is whether his construction of section 3253 of the Code of Civil Procedure, as amended in. 1898 (Chap. 61, Laws of 1898), was right.
This was an action in partition, and the complaint, in specifying the rights and interests of the parties in the property, alleged, among other things,.“that the defendant Wilson L. Defendorf or *167the defendant Joshua Kantrowitz is the owner in fee, as tenant in common,…
2Cited by12 opinions
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- Bailey v. Bush Terminal Co.New York Supreme Court · 1942
- Lopiano v. Telephone Co.New York Supreme Court · 1931
- Reisner v. 749 Broadway Realty Corp.Appellate Terms of the Supreme Court of New York · 1954
- Brinckerhoff v. FariasAppellate Division of the Supreme Court of the State of New York · 1900
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