Waldstreicher v. Solomon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis A. Solomon and" others, individually and" as-executors, etc., and others, from ail order of the Supreme "Court, made at the Kings County Special Term and entered in the office of the clei’k of the county of Kings on the 19th day" of March, 1908, directing a retaxation of costs. .
1Opinion of the Court
Gaynor, J.:.. Section. 3228 of the Code of Civil Procedure (sub. 5) does" riot mean that- a plaintiff'in Kings county is called upon to bring his action in the City Court of Mew York,,which is in Mew.York county, when hé ¡can, as a test of whether he may recover costs if he recover less .than $500. Each county stands separate in the application of the statute. .
The order should be affirmed.
Jenks, Rich and Miller, JJ., concurred; Hooker, J., read for reversal. , . , - ""
2Cited by3 opinions
- Hamlin v. BenderAppellate Division of the Supreme Court of the State of New York · 1916
- Burgdorf v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Hayward v. CliftonAppellate Division of the Supreme Court of the State of New York · 1927