Ingeman v. Snare & Triest Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the Mew York county clerk’s office on the 11th day of July, 1913, denying a motion to set aside the taxation of costs in favor of plaintiff and against one defendant, and to direct taxation of costs in favor of one of the defendants against the plaintiff.
1Opinion of the Court
Per Curiam:. That the plaintiff was not entitled to costs against the Steel and Masonry Contracting Company was settled by this court in Moraff v. Kohn (157 App. Div. 648). As to the defendant Snare & Triest Company this defendant was sued for a cause of action which the plaintiff did not sustain upon the trial. It had to appear and answer the complaint and, having succeeded upon the trial, we think it is entitled to costs against the plaintiff. The fact that both defendants appeared by the same attorney is not at all controlling, as both defendants would be liable to the attorney for the…
2Cases cited1 opinion
- Moraff v. KohnAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- Pagano v. GiulianiNew York Supreme Court · 1943
- Kozlowski v. GomolskiAppellate Division of the Supreme Court of the State of New York · 1917