Streat v. Wolf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred Wolf, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of April, 1909, denying the defendant’s motion for a new taxation of costs and to review the clerk’s refusal to tax costs.
1Opinion of the Court
Scott, J.:
Plaintiff sued in this court in New York county for damages for breach of contract. He recovered six cents damages. There are two provisions of the Code of Civil Procedure under which he is not entitled to costs.
Subdivision 4 of section 3228 provides that in such an action he is not entitled to costs unless lie recovers $50 or moré. Subdivision 5 of the same section forbids his recovery of costs unless he shall recover $500 or more, the action being one which, except for the amount claimed, might have been brought in the City Court. The question presented by this appeal is whether…
2Cases cited1 opinion
- Mayor of New York v. BestAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Sauner v. Vohwinkle, New York County Courts1925
- Lipshen v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1918