Miller v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clara L. Allen,, from so much of an amended judgment of the Municipal Court of the city of New York, borough of Queens,, rendered on the 30th dáy .óf November, 1908, as awards costs to the plaintiffs and refuses to award costs to the defendant..
1Opinion of the Court
Miller, J.:
On the return of the summons the defendant appeared by attorney, who filed a written offer of judgment, pursuant to section 148 of the Municipal Court Act,, subscribed by the said attorney. The recovery was less favorable to the plaintiffs than the offer. Wherefore, the appellant claims, that she should have been allowed costs.
The respondents contend, that section. 740 of the. Code of Civil Procedure is made applicable to the Municipal Court by virtue of *173section 20 of the Municipal Court Act. Said section 740 provides that an offer or an acceptance, subscribed by the attorney, must…
2Cases cited1 opinion
- Cutting v. JessmerAppellate Division of the Supreme Court of the State of New York · 1905