Legal Opinion

Realty & Commercial Co. v. Winter

Appellate Terms of the Supreme Court of New York

Decided March 4, 1915PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Seventh District. ' Two actions by the Realty & Commercial Company against Benjamin Winter and others. From orders directing a retaxation of costs, plaintiff appeals.

1Opinion of the CourtGuy, J.

[1] The landlord herein appeals from an order in each of these actions which directed a retaxation of the disbursements of the landlord at the sum of $10 in each case, and refused to direct the clerk to retax disbursements more than said sum of $10. The appeals must be dismissed, as no appeal will lie from an order relaxing costs. Averbuck v. Hochlick, 63 Misc. Rep. 327, 117 N. Y. Supp. 187; Kaliski v. Kaufman, 62 Misc. Rep. 274, 114 N. Y. Supp. 811.

[2] The argument of the appellant, that the time in which to appeal from a judgment might possibly be abridged if a motion made for a retaxation…

2Cases cited5 opinions

  1. People ex rel. Solomon v. LangAppellate Division of the Supreme Court of the State of New York · 1905
  2. Averbuck v. HochlickNew York Supreme Court · 1909
  3. Kaliski v. KaufmanAppellate Terms of the Supreme Court of New York · 1909
  4. Allen v. Wells, Fargo & Co.Appellate Terms of the Supreme Court of New York · 1905
  5. Allen v. Wells, Fargo & Co.Appellate Terms of the Supreme Court of New York · 1905

3Cited by1 opinion

  1. Ashner v. Farmers Loan & Trust Co.Appellate Terms of the Supreme Court of New York · 1918

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