Greenberg v. Strauss

Order directing taxation of costs, and judgment entered "thereon, affirmed, with ten dollars costs and disbursements. Plaintiff was entitled to tax costs of appeal granted to “ abide the evqut,” notwithstanding the verdict itself on the retrial was insufficient in amount to carry trial costs. (Gordon v. Krellman, 217 App. Div. 477; Selden v. Block, 90 Misc. 579.) We are of opinion that there was no waiver by plaintiff of her right to tax the costs of appeal. The question involved in Whitney v. Townsend (7 Hun, 233; 67 N. Y. 40) was whether the court could set aside a judgment to enable a…