Seymour v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert Gr. Wheeler, Jr.,.from an order, of the Supreme-Court, made at the Westchester Special Term and entered-in the office of the clerk of the county of Westchester on . the 5th day of January, 1910, directing the clerk to tax .costs in favor of the plaintiff, .
1Opinion of the Court
Burr, J.:
By subdivision 5 of section 3228 of the Code of Civil Procedure ■ (added by Laws of 1904, chap. 557) it is provided that “ In all actions hereafter brought in the Supreme Court, triable in the county of Hew York, * * * which could have been brought, except for.the *53amount claimed therein, in the City Court of the City of Hew York * * and in which the defendant shall have been personally, -served with process within the counties of Hew York ' * ■ * "* 'the iilaintiff shall recover no costs'or disbursements unless he shall recover five hundred dollars or more.” Plaintiff’s place of…
2Cases cited1 opinion
- Patterson v. John H. Woodbury Dermatological InstituteAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Hubbard v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1911