Farber v. Flauman
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of Hew York, fifth district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtO’Gorman, J.
The trial justice had an undoubted right to impose the costs in question as a condition of the adjournment sought by the defendants (Laws of 1882, chap. 410, § 1420, subd. 3), but the nonpayment of these costs did not deprive the defendants of the right to take part in the trial on the adjourned day. Section 779 of the Code of Civil Procedure, providing for the staying of proceedings of the party defaulting in the payment of costs, has no application to the Municipal Court. Even wheré that section is applicable, the nonpayment of costs never impairs the defensive rights of a party. Randell v.…
2Cases cited1 opinion
- Randell v. AbrisquetaCity of New York Municipal Court · 1886
3Cited by7 opinions
- Fallon v. CrocicchiaAppellate Terms of the Supreme Court of New York · 1907
- Blair v. BlairNew York Supreme Court · 1913
- Greenberg v. LaeovAppellate Terms of the Supreme Court of New York · 1903
- Richman v. BonewurAppellate Terms of the Supreme Court of New York · 1907
- Gross v. GorschAppellate Terms of the Supreme Court of New York · 1907
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