Egelhof v. Egan

The facts clearly establish that there was no holding over his term by defendant (Frost v. Akron Iron Co., 1 App. Div. 449, 453; Byrns v. Pierce, 76 Misc. 176), and summary judgment was properly directed in his favor.

Plaintiff brings up for review the order of the court denying retaxation of defendant’s statutory costs taxed at forty-five dollars upon the theory that within the meaning of subdivision 1 of section 164 of the Municipal Court Code there was a trial after issue joined, and there a e decisions of the court below sustaining such taxation. (Arcadia Hosiery Co., Inc., v. Fine, 135…