Legal Opinion
Mt. Hope Holding Corp. v. Tober
Appellate Terms of the Supreme Court of New York
Decided May 8, 1930PublishedCited by 4 opinions
1Per curiam
The costs in a summary proceeding brought in the Municipal Court of the- City of New York are not governed by the Municipal Court Code (§ 164) but by the summary proceeding statute (Civ. Prac. Act, §§ 1430, 1431) which makes the award of costs in the Municipal Court of the City of New York to the successful party mandatory, the amount of the costs (except in a forcible entry proceeding and where a fee is specially given by law) being “ at the rate allowed by law in an action in a justice’s court.”
In Justices’ Courts “ costs consist of the fees allowed by law for services necessarily rendered…
2Cases cited3 opinions
- Cohen v. MelleAppellate Terms of the Supreme Court of New York · 1904
- People ex rel. Solomon v. LangAppellate Division of the Supreme Court of the State of New York · 1905
- Lauria v. CapobiancoCity of New York Municipal Court · 1902
3Cited by4 opinions
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
- 609 Holding Corp. v. BurkeNew York Supreme Court · 1952
- 211-213 West 29th Street Co. v. GorsteinAppellate Terms of the Supreme Court of New York · 1930
- Hannon v. Keller, New York County Courts1956