Levy v. Loew
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Charles Levy against Leopold Loew. From a judgment granting insufficient relief, plaintiff appeals. Modified and affirmed.
1Opinion of the CourtGildersleeve, P. J.
Plaintiff brought this action to recover the sum of $165 for work and materials furnished to the defendant under a contract. The pleadings were oral, and the following indorsement . appears upon the summons: “Tender $150.” The plaintiff proved himself entitled, as the trial court found, to the sum of $159 damages, for which judgment was rendered in his favor, and also for $2 costs and $15 extra-costs. Subsequently the defendant moved for a retaxation of costs, and asked that the clerk be directed to strike from the judgment the item of $15 costs. Upon the hearing of this motion the court…
2Cases cited1 opinion
- Goldman v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Rumpf v. SchiffAppellate Terms of the Supreme Court of New York · 1908
- Stieglitz v. CohenAppellate Terms of the Supreme Court of New York · 1910
- Public Bank v. BirnbaumAppellate Terms of the Supreme Court of New York · 1909