Eisberg v. Cornell
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 11th day of April, 1912, dismissing the complaint after a trial at Trial Term.
1Opinion of the Court
Scott, J.:
We are of the opinion that the complaint was rightly dismissed as against the defendants Cornell and Willets. It was erroneous, however, to enter a judgment for costs in favor of the defendant Weil. The record shows that as to him the action was discontinued by consent on the trial. That eliminated him from the action, and thereafter no judgment could run either for or against him. If he desired costs against the plaintiff, to which he probably was entitled, he should have entered an order of discontinuance containing a provision for such costs. The judgment must be modified by…
2Cited by2 opinions
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- Pure Oil Co. v. CarterAppellate Division of the Supreme Court of the State of New York · 1919