Rapid Safety Filter Co. v. Wyckoff
City of New York Municipal Court
Re argument upon an appeal from an order directing a retaxation of a bill of costs with liberty to both of the parties to present such proof of value to the clerk as they might deem proper on the retaxation of the said bill of costs.
1Opinion of the CourtO’Dwyer, J.
On the former hearing from the order .appealed from it was affirmed, with costs to the respondent, and an order was entered in conformity with that decision.
' Thereafter the General Term granted a reargnment of the appeal, but before the rehearing could be had the judgment in the action, including the costs taxed in favor of .the respondent (being the costs taxed in pursuance of the order appealed from herein), was reversed and a new trial orderedj with costs "to the appellant to abide the event;
The respondent now moves for an order striking the appeal from ■the"calendar on the ground that…
Also in this document: Concurrence.
2Cases cited2 opinions
- Herman v. GirvinAppellate Division of the Supreme Court of the State of New York · 1896
- Lockwood v. WaldorfNew York Supreme Court · 1895
3Cited by1 opinion
- Hausauer v. MachawiczAppellate Division of the Supreme Court of the State of New York · 1900