Holloway v. Frensdorf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Frensdorf, from part of an order of the County Court of Westchester county, entered in the office of the clerk of said county on the 26th day of April, 1918.
1Opinion of the Court
Jenks, P. J.:
It appears that the learned County Court at Special Term did not exercise discretion in its refusal to allow the item of a trial fee to the defendant upon plaintiff’s application to serve an amended complaint, inasmuch as the order expressly states that such item “ is not allowed to the defendant on the ground that there has been no trial of this action.” The affidavit in support of the application shows that when the *580case came on for trial, a motion to dismiss the first cause of action was granted, and thereupon leave was granted to the plaintiff to withdraw a juror that she…
2Cases cited4 opinions
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
- Starr Cash-Car Co. v. ReinhardtNew York Court of Common Pleas · 1894
- Dewey v. Stewart & BlakeneyThe Superior Court of New York City · 1852
- Browning v. GoldmanAppellate Terms of the Supreme Court of New York · 1901