Goldstein v. Godfrey Co.
Appellate Terms of the Supreme Court of New York
Appeal 'by the plaintiffs from orders and judgment of the Municipal 'Court of the city of New York, borough of Manhattan, second district.
1Opinion of the CourtGavegan, J.
The material facts in this case are undisputed. In 1908 this court reversed a judgment in favor oE the plaintiffs and ordered -a new trial “ with costs to' the appellant to abide the event.” When the case came up for retrial, the plaintiffs failed to appear and the complaint was dismissed, the clerk of the Municipal Court making an entry in the docket book to that, effect. The defendant taxed no costs or disbursements until in May, 1910, after the plaintiffs had 'begun a new action, when the defendant applied to the clerk to tax its costs and disbursements. The clerk in effect refused to do…
2Cases cited2 opinions
- People ex rel. Solomon v. LangAppellate Division of the Supreme Court of the State of New York · 1905
- Allen v. Wells, Fargo & Co.Appellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Brooklyn National Bank v. John J. Sullivan, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
- Foresto v. ForkerNassau County District Court · 1961