Legal Opinion

Lyman v. Young Men's Cosmopolitan Club

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

Decided July 1, 1899PublishedCited by 8 opinions

Appeal by the plaintiff, Henry H. Lyman, as State Commissioner of Excise of the State of New York, from an order of the" Supreme Court, made at the New York Special' Term and entered in the office of the clerk of the county of New York on- the 4th day of January, 1899, denying the plaintiff’s motion for a retaxation of costs.

1Opinion of the Court

McLaughlin, J. :

This action was brought to recover upon a liquor tax bond, given hy the defendant club as principal with the defendant Fidelity and Deposit Company as surety. Three other actions upon similar bonds were commenced by the plaintiff against other defendants, and the four appeared upon the day calender for trial at the same time. In each action the plaintiff recovered a judgment, and he thereafter served in each a bill of costs verified in the usual form as to disbursements, together with a notice of taxation. The taxation of costs in each action was noticed at the same hour…

2Cited by8 opinions

  1. O'Hara v. DerschugNew York Supreme Court · 1935
  2. East Thirteenth Street Community Ass'n v. New York State Urban Development Corp.New York Supreme Court · 1995
  3. Gebhardt v. West Seneca Fire District No. 5New York Supreme Court · 1959
  4. Leyden v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
  5. Chism v. SmithNew York Supreme Court · 1911

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