Saunders v. Kline

OPINION OF THE COURT

Memorandum.

The order of the Appellate. Division should be modified to strike that portion of the order which awarded costs to the plaintiff in the trial court, and, as so modified, affirmed, with costs to the plaintiff on this appeal.

We agree with the Appellate Division, for the reasons stated in the memorandum of that court that the trial court erred in setting aside the jury verdict. We note, however, that the Appellate Division improperly awarded costs in all courts in contravention of CPLR 8102 (subd 1). That statute provides that in an action brought in Supreme Court,…