Legal Opinion

Goldstein v. Greenberg

Appellate Terms of the Supreme Court of New York

Decided September 15, 1896PublishedCited by 7 opinions

Appeal by the plaintiff from a judgment of the justice of the Fourth District Court in her favor, in an action for wages other than as a domestic servant, in which judgment the justice has omitted to insert $5 additional costs.

1Opinion of the CourtDaly, P. J.

As the action was for wages earned by a female employed other than as a domestic servant, and the amount of damages recovered was less than $10, plaintiff is entitled to $5 additional costs, and the justice should have inserted that amount in the judgment. Consol. Act, chap. 410, Laws 1882, §§ 1424 and 1420. As the respondent does not dispute this, and there is no question upon which a new trial need be ordered, we shall direct that the judgment be modified by adding the $5 additional costs.

Where there is a mere error in a matter of figures and a new trial will not change thé result, a…

2Cases cited1 opinion

  1. Golde v. Whipple & Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by7 opinions

  1. Powers v. GouraudNew York Supreme Court · 1897
  2. Fischer v. CohenAppellate Terms of the Supreme Court of New York · 1897
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