Friedman v. . Blauner
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1919, which affirmed an order of Special Term denying a motion to review the taxation of costs herein.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1919, which affirmed an order of Special Term denying a motion to review the taxation of costs herein. The following questions were certified: “ 1. Did the plaintiff obtain a less favorable judgment than the judgment offered by the defendant? “ 2. Is the offer of judgment signed, by Julius Blauner subscribed in accordance with sections 738 and 740 of the Code of Civil Procedure so as to bind his co-defendant, Isidor Blauner? “ 3. Is the offer of judgment signed…
1Opinion of the CourtPound, J.
This action was brought by plaintiff against the defendants Julius Blauner and Isidor Blauner, who are alleged in the complaint to be co-partners, engaged in the business of manufacturing cloaks and suits, to recover a balance of $2,542.56 for goods sold and delivered.
The answer alleges that the balance due was only $560.68; An offer of judgment under section 738, Code of Civil Procedure, was made and served in the following form:
“ The defendants Julius Blauner and Isidor Blauner hereby offer to allow judgment to be taken against them herein by the plaintiff for $560.68, with "interest from…
2Cases cited2 opinions
- Heckemann v. . YoungNew York Court of Appeals · 1892
- Heckemann v. YoungNew York Supreme Court · 1890
3Cited by3 opinions
- Schmuckler v. GreenAppellate Division of the Supreme Court of the State of New York · 1937
- Friedman v. BlaunerAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of LearyNew York Surrogate's Court · 1939