Legal Opinion

Gordon v. Krellman

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1926PublishedCited by 5 opinions

1Opinion of the CourtFinch, J.

The question to be determined upon this appeal is the “ event ” which will carry the costs of appeal when they are awarded by the appellate court to the defendant, appellant, to abide the event. The respondent argues that it is the award of costs upon a second trial which constitutes the event, while the appellant urges that it is the success in recovering a judgment for any amount, irrespective of the award of costs, which determines the event.

The action was brought by the plaintiff, as a mortgagee in possession of mortgaged property, for leave to account for her collections and…

2Cases cited5 opinions

  1. First National Bank v. Fourth National BankNew York Court of Appeals · 1881
  2. Gordon v. KrellmanAppellate Division of the Supreme Court of the State of New York · 1924
  3. People ex rel. Shiels v. GreeneAppellate Division of the Supreme Court of the State of New York · 1906
  4. Selden v. BlockAppellate Terms of the Supreme Court of New York · 1915
  5. Crown v. H. M. Goldstein Co.Appellate Division of the Supreme Court of the State of New York · 1918

3Cited by5 opinions

  1. O'Hara v. DerschugNew York Supreme Court · 1934
  2. Brooklyn National Bank v. John J. Sullivan, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
  3. Commercial Sealeaf Co. v. Purepac Corp.New York Supreme Court · 1938
  4. Greenberg v. StraussAppellate Division of the Supreme Court of the State of New York · 1927
  5. In re the Accounting of SnyderAppellate Division of the Supreme Court of the State of New York · 1947

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