Lefkowitz v. Stryker Arms Corp.

On the trial of this action against two defendants represented by the same attorney appellant-defendant obtained a dismissal of the complaint, and judgment was directed for plaintiff against the co-defendant. Appellant appeals from an order vacating judgment for costs awarded him as a prevailing party under subdivision 7 of section 164 of the Municipal Court Code.

While it appears from the opinion written by the justice below (158 Misc. 1) that he correctly held (Dunne v. N. Y. Telephone Co., 107 Misc. 439) that section 164 of the Municipal Court Code covers the amount to be awarded as costs…