Berrent v. Simpson
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of ¡New York, denying plaintiff’s motion for a retaxation of the bill of costs herein.
1Opinion of the CourtGildersleeve, J.
Upon a former trial the plaintiff obtained a judgment, which was reversed on appeal for evidence improperly introduced by plaintiff, and a new trial was ordered, “ with costs to the appellant to abide the event.” The plaintiff again succeeded at the second trial, but the clerk refused to tax in plaintiff’s favor the costs of the first trial. The plaintiff applied to the court below for a retaxa*612tion, and from the order sustaining the clerk’s taxation plaintiff appeals.
The party finally successful is entitled, upon the entry of a final judgment, to tax costs for all regular proceedings in the…
2Cases cited1 opinion
- Belt v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Dobek v. Austro Americana Steamship Co.New York Supreme Court · 1914
- Walnut Hill Bank v. National Reserve BankAppellate Terms of the Supreme Court of New York · 1912