Gibbons v. Skinner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Albert Skinner, 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 6th day of March, 1912, disallowing and striking from the judgment certain items of costs.
1Per curiam
Plaintiff sued in the Supreme Court for the conversion of $28.18. Defendant counterclaimed for $546.97. At the trial both the complaint and the counterclaim were dismissed. The only question is whether, under these circumstances, the defendant is entitled to Costs. It is clear that he is.
Under section 3228 of the Code of Civil Procedure a plaintiff is entitled to costs in an action like the present only upon the rendering of a final judgment in his favor.” By section 3229 the defendant is entitled to costs in such an action “ unless the plaintiff is entitled to costs.”
In the present case no…
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