Walnut Hill Bank v. National Reserve Bank

Lehman,'J.

The defendant appeals from an order denying its motion to retax costs on the ground that the plaintiff has erroneously been permitted to tax the costs of a previous trial in the City Court and of an appeal to the Appellate Term affirming the judgment of the City Court although the determination of the Appellate Term was' thereafter reversed and a new trial granted by the Appellate Division by an order which awarded to the defendant appellant costs' in all “ courts to abide the event.”

The plaintiff having succeeded at the first trial was entitled as a matter of right under the final…