Hildas v. Central Hudson Steamboat Co.
New York County Courts
The county clerk has taxed costs in favor of the plaintiff, and the defendant appeals therefrom. This case was tried in the City Court of the city of Kingston and resulted in a judgment in favor of the plaintiff in the sum of $162. From that judgment an appeal was taken to the County Court of Ulster county for a néw trial.
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The county clerk has taxed costs in favor of the plaintiff, and the defendant appeals therefrom. This case was tried in the City Court of the city of Kingston and resulted in a judgment in favor of the plaintiff in the sum of $162. From that judgment an appeal was taken to the County Court of Ulster county for a néw trial. Within fifteen days after the service of the notice of appeal, the defendant served upon the plaintiff a written offer to allow judgment to he rendered in the appellate court in favor of the plaintiff for one dollar, which offer the plaintiff did not accept. Upon the new…
1Opinion of the CourtCantine, J.
It is claimed here by the defendant that, under section 3070 of the Code of Civil Procedure, the plaintiff is not entitled to costs. “ Costs are regulated by statute and unless the plaintiff can point to some statute giving him costs in a case like this, he is not entitled to any.” McKuskie v. Hendrickson, 128 N. Y. 555, 558.
The law is settled, at least in this department, that the prevailing party is entitled to costs upon an appeal for a new trial in the County Court from a judgment rendered in the court of a justice of the peace, in case the recovery is greater than the unaccepted offer of…
2Cases cited3 opinions
- McKuskie v. . HendricksonNew York Court of Appeals · 1891
- Levene v. HahnerAppellate Division of the Supreme Court of the State of New York · 1901
- Rose v. WellsAppellate Division of the Supreme Court of the State of New York · 1904