Rosenberg v. Nieweroski

Although an attorney who appears in that capacity for himself as a party is ordinarily entitled to costs, plaintiff here is not. By subscription to the summons and complaint and moving upon the ground sworn in his affidavit that he appeared in person and not as an attorney, and accepting the benefits of the order granting him the relief sought under section. 95 of the Municipal *1076Court Code, he elected to sue and appear as a lay person. In Rathkopf v. Coussa (233 App. Div. 86) plaintiffs appeared in person, but subscribed themselves as “ Attorneys for plaintiffs,” served their own notice of…