Lewitus v. Seccomb

The plaintiff and defendant make counter motions for retaxation of costs. There have been four trials of the action. The first resulted in a dismissal of the complaint, which was reversed on appeal “ with costs to appellant [plaintiff] to abide the event,” and a new trial ordered. The new trial resulted in a verdict for the plaintiff, which also was reversed by the Appellate Term, “ with costs to appellant [defendant] to abide the event,” and again a new trial was ordered. This third trial resulted in a disagreement, so a fourth trial was had, in which the plaintiff obtained a verdict. The…