Atlas v. Hotchkiss
New York Supreme Court
1Opinion of the CourtCharles B. Brasser, J.
In this negligence action, the jury rendered a verdict of no cause of action. Separate judgments and separate bills of costs were entered against the plaintiffs.
Plaintiffs move for an order vacating the judgments and allowing one bill of costs.
Counsel has not cited and the court has found no authority precisely in point. However the courts have passed upon the question previously where separate costs were sought by separate plaintiffs, and there was a single summons and complaint, the plaintiffs are an entity, a common question of law and of fact exists, and the issues are settled in one…
2Cases cited2 opinions
- M. Salimoff & Co. v. Standard Oil Co.New York Court of Appeals · 1932
- MacLarty v. LortzNew York Supreme Court · 1961