Watson v. Benz
New York Supreme Court
Appeal from Queens county court. Action by William Watson against Albert Benz to recover damages for trespass to real estate. Plaintiff appeals from an order retaxing his costs. Code Civil Proc. K. T. § 3072, relates to appeals from justices’ judgments where new trials are demanded in the appellate court.
1Opinion of the CourtDykman, J.
The plaintiff recovered a judgment in this action against the defendant in a court of a justice of the peace for $25 damages and $5 costs, and the defendant served a notice of appeal to the county court, in which he demanded a new trial in that court. Within 15 days after the service of the notice of appeal the defendant served a written offer to allow judgment to be taken against him for the sum of $5, but the offer was silent on the question of costs, and it was not accepted. The action was retried in the county court, and the plaintiff obtained a verdict for $12.50. Thereupon the county…
2Cited by1 opinion
- Lawson v. SpeerAppellate Division of the Supreme Court of the State of New York · 1904