Young v. Woop
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Wallace Young, 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 1st day of July, 1913 granting defendants’ motion to vacate the retaxation of costs herein and disallowing all costs and disbursements to plaintiff; also a notice of motion by the respondents to dismiss the appeal.
1Opinion of the Court
Ingraham, P. J.:
The question presented to the court below was whether the plaintiff was entitled to costs, the recovery having- been for less than $1,000. (See Code Civ. Proc. § 3228, subd. 5, added by Laws of 1901, chap. 557, as amd. by Laws of 1910, chap. 574.) The summons, with notice of judgment, was served upon the defendant Katherine Woop in the village of Ossining in Westchester county and upon the defendant William Woop in the borough of Manhattan, city of New York. The plaintiff having obtained a verdict for $161.53, judgment was duly entered for that amount and for $11.60 costs.…
2Cases cited1 opinion
- Moraff v. KohnAppellate Division of the Supreme Court of the State of New York · 1913