Demarest v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marguerite M. Demarest, from an order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk 'of the county of Queens on the 9th day of January, 1911, denying the plaintiff’s motion for costs.
1Opinion of the Court
Woodward, J.:
Plaintiff’s attorney gave notice on the seventeenth of December that “upon the annexed affidavit of Joseph H. Lecour, Jr., verified December 17th, 1910, and all the papers referred to therein, and' *105upon the pleadings and all the papers and proceedings in this action, I shall move * * * for a certificate and order awarding the plaintiff costs in this action, and for such other and further relief as may be just.” The affidavit and papers referred to set out all of the facts required to be certified by the judge presiding at the trial to entitle the plaintiff to costs under the…
2Cases cited3 opinions
- Matson v. . AbbeyNew York Court of Appeals · 1894
- Scheu v. BlumAppellate Division of the Supreme Court of the State of New York · 1907
- Pauley v. MillspaughAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
- Sabsevitz v. GabrilowitzCity of New York Municipal Court · 1914