Garvey v. Stickland
Appellate Terms of the Supreme Court of New York
Appeal from so much of the judgment of the Municipal Court of the city of New York, seventh district, borough of Brooklyn, as brings up for review an order retaxing costs.
1Opinion of the CourtCallaghan, J.
This action was brought to recover $1,000. Defendant interposed a counterclaim of $1,000, which was after trial dismissed upon the merits and a judgment rendered for the plaintiff for $165.
The clerk taxed costs at $55 under the assumption that the amount of costs should be based upon the counterclaim, pursuant to the provisions of subdivision 2, section 164, of the Municipal Court Code.
An order was made by the trial judge, upon motion, reducing the costs to $15, the amount allowed upon a recovery for that amount by sudbivision 1 of section 164 of the Code.
Subdivision 2 of section 164 of the…
2Cited by3 opinions
- Kohlberg v. HalloranCity of New York Municipal Court · 1928
- Boslow v. J. Rosenbaum & Co.Appellate Terms of the Supreme Court of New York · 1922
- Arrow Piece Dyeing & Finishing Co. v. Theodore J. Gallagher Co.City of New York Municipal Court · 1927