Hansen v. Levy

Judgment and order unanimously reversed upon the law, with thirty dollars costs to appellant; motion for retaxation granted, and costs disallowed to plaintiff. Plaintiff instituted an action to recover the sum of forty dollars, the balance due on a certain contract, and the defendant interposed a counterclaim for two hundred and ninety-six dollars for alleged damages. The complaint and the counterclaim were dismissed on the merits. The *694clerk has taxed twenty-two dollars and fifty cents costs in favor of plaintiff. Defendant’s motion for retaxation was denied. Section 164 of the Municipal…