Moraff v. Kohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Kohn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of March, 1913, directing the county clerk óf the county of New York to tax costs in favor of the plaintiff.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover damages for an assault alleged to have been made upon the plaintiff by the defendant, and the plaintiff recovered a verdict of $250, upon which he was about to enter judgment, but his application to have his costs taxed was refused by the county clerk upon the ground that the action could have been brought in the City Court of the City of New York or the County Court of Kings county and *649that, therefore, by virtue of the provisions of section 3228 of the Code of Civil Procedure he was not entitled to costs. The summons was not served upon the…
2Cases cited2 opinions
- Ponce De Leon v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- G. P. Putnam's Sons v. PickettAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- Ingeman v. Snare & Triest Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Sauner v. Vohwinkle, New York County Courts1925
- Jacobs v. WhiteAppellate Division of the Supreme Court of the State of New York · 1914
- Young v. WoopAppellate Division of the Supreme Court of the State of New York · 1914