Lipshen v. Epstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isidore Lipshen, from an order of the County Court of Kings, county, entered in the office of the clerk of said county on the 8th day,of April, 1918, directing the clerk to tax costs in favor of the defendant. The action was for damages by reason of alleged leakage of water onto plaintiff’s premises. The defendant and plaintiff are both residents of the county of Kings.
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Appeal by the plaintiff, Isidore Lipshen, from an order of the County Court of Kings, county, entered in the office of the clerk of said county on the 8th day,of April, 1918, directing the clerk to tax costs in favor of the defendant. The action was for damages by reason of alleged leakage of water onto plaintiff’s premises. The defendant and plaintiff are both residents of the county of Kings. Instead of suing in the Municipal Court, the action was brought in the County Court, where the verdict was for only $225. It is admitted that this deprives plaintiff of any costs. The single point is…
1Opinion of the Court
Putnam, J.:
An additional subdivision (5) was added to section 3228 of the Code of Civil Procedure, which, as amended, declared that *807if the defendant shall have been served with process within the city of New York, the plaintiff shall recover no costs or disbursements, unless he shall recover $250 or more. But there was added: “ The fact that in any action a plaintiff is not entitled to costs under the provisions of this subdivision shall not entitle the defendant to costs under the next following section.” (Laws of 1904, chap. 557; Laws of 1910, chap. 574; Laws of 1914, chap. 80; Laws of…
2Cases cited1 opinion
- Streat v. WolfAppellate Division of the Supreme Court of the State of New York · 1909