Lane v. Merit Enterprises, Inc.

Plaintiff moves to amend a judgment to tax costs and add them to the judgment. The essential facts are disclosed to be as follows: Plaintiff sued to recover the sum of $30,750 allegedly due him as commissions, together with interest and costs. Preliminary to the trial plaintiff moved for partial summary judgment (Rules Civ. Prae., rule 114) as to the sum of $3,863.91 which defendant conceded to be due him, and for a severance of the action as to the balance of his claim. The filed papers disclose that the motion never was pressed or decided and that there was no severance. Such being the…