Goldman v. Messing
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, thirteenth district, borough of Manhattan.
1Per curiam
We find nothing in the case but a conflict of evidence which the justice resolved in defendant’s favor. We cannot say that he should have believed plaintiff’s witnesses, rather than those called by defendant. The judgment awards defendant twenty dollars costs. No verified pleading or written notice of appearance was filed. Consequently, under section 332 of the Municipal Court Act, the defendant was not entitled to costs. Rice v. Hogan, 45 Misc. Rep. 400.
The judgment must be modified by striking out the award of costs and, as so modified, affirmed with costs; the award of costs upon appeal…
2Cases cited1 opinion
- Rice v. HoganAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Livingston Press v. GenetAppellate Terms of the Supreme Court of New York · 1906