Schmidt v. New York Telephone Co.

These are tort actions. Plaintiff Christopher J. Schmidt has obtained a verdict for $200 and Joseph J. Schmidt a verdict of $300. The actions were not consolidated. Plaintiffs have taxed a bill of costs in each action against defendant. The costs were retaxed by the clerk over objection of the defendant, which now moves in pursuance of Civil Practice Act, section 1536, for a review of the taxation upon the ground that plaintiffs are not entitled to costs in view of the amount recovered.

Defendant relies upon Civil Practice Act, section 1474, subdivision 6, which provides that in an action…