Hannon v. Keller

The final order herein dismissed the landlord’s petition and provided that the tenant recover “ costs in the sum of $15.00 and $1.25 disbursements ”. Landlord now moves to strike from the judgment entered said item of costs in the sum of $15.

An award of costs to the successful party in summary proceedings is mandatory (Civ. Prac. Act, § 1430; Cunningham v. Hragvil, 90 N. Y. S. 2d 164). Excepting where the application *928is founded upon an allegation of forcible entry or forcible holding out, costs to such a successful party ‘ ‘ must be at the rate allowed by law in an action in a justice’s…