Souto v. International Freighting Corp.

LEIBELL, District Judge.

Defendant moves for an order directing the clerk of this court to tax a bill of costs in favor of the defendant.

It appears that the complaint contained four causes of action. Upon the trial the second cause of action was dismissed at the end of plaintiff’s case, but the other three causes of action were submitted to the jury. The jury returned a verdict for the plaintiff on the first and fourth causes of action and in favor of the defendant on the third cause of action.

Defendant claims that it is entitled to a full bill of costs under section 1483 of the New York Civil…