Capozzi v. Bulkley

This is an appeal from an order of the Special Term in Westchester county, made by Keogh, J., retaxing costs of the plaintiff as entered in á judgment in his favor. It appears that this action was twice tried. On the first trial the jury rendered a verdict in favor of the plaintiff, and the defendant thereupon moved to set aside the verdict and for a new trial on all the grounds specified in section 999 of the Code. The plaintiff did not oppose the motion, but on the contrary consented that an order might be made granting a new trial, as he claimed that the award of damages to him was…