Bien v. National Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a purported judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, bringing up for review an order granting plaintiff’s motion for a re-taxation of costs.
1Opinion of the CourtGuy, J.
The facts in this case are not disputed and it involves a question of practice only. The action was brought to trial and it seems the only material question was one of law. The case was submitted and the trial justice reserved his decision.
Before a decision was rendered the plaintiff asked leave to discontinue the action and the trial justice made and signed an order, the material portion of which reads as follows: ‘1 Upon the foregoing papers this motion is granted and the plaintiff is allowed to discontinue upon payment of taxable costs.” The summons was also indorsed “ Discontinued on…
2Cases cited4 opinions
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Hyde v. AndersonAppellate Division of the Supreme Court of the State of New York · 1906
- Anderson v. A. E. Norton, Inc.Appellate Terms of the Supreme Court of New York · 1916
- Collins v. DavisAppellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
- Royal Palace Realty Co. v. WhiteAppellate Terms of the Supreme Court of New York · 1916
- Levy v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1916