Selden v. Block
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York, vacating the taxation of costs on appeal by the plaintiff.
1Opinion of the CourtPage, J.
A former judgment herein in favor of the defendants was vacated upon appeal to this court and a new trial ordered “with costs to the appellant to abide the event. ’ ’ Upon a new trial the plaintiff recovered a verdict for $200 only and under Code of Civil Procedure, section 3228, subdivision 5, is not entitled to costs of the action. The plaintiff then proceeded to tax the costs on appeal, and from an order entered at Special Term of the City Court striking out the costs this appeal is taken.
In the case of La Rosa v. Wilner, 54 Misc. Rep. 574, *580this court decided, upon almost identical facts,…
2Cases cited2 opinions
- People ex rel. Shiels v. GreeneAppellate Division of the Supreme Court of the State of New York · 1906
- LaRosa v. WilnerAppellate Terms of the Supreme Court of New York · 1907
3Cited by4 opinions
- Gordon v. KrellmanAppellate Division of the Supreme Court of the State of New York · 1926
- Crown v. H. M. Goldstein Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Fowler v. StuartNew York Supreme Court · 1922
- Greenberg v. StraussAppellate Division of the Supreme Court of the State of New York · 1927