Sander v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick W. Sander, from ah 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 28th day of November, 19.00, denying the plaintiff’s motion for a. retaxation of costs.
1Opinion of the Court
Per Curiam :
This is an appeal from an order denying a motion for a retax- . ation of the plaintiff’s bill of costs. The plaintiff recovered a judgment against the defendants on a second trial of the action. On the first trial the plaintiff recovered judgment, but both parties-appealed, and that judgment was reversed and a new- trial ordered,. . “ without costs.” (Sander v. New York & Harlem R. R. Co., 42, App. Div. 618.) That meant, merely, without costs of the appeal-On the second trial the plaintiff, having again succeeded, was entitled to all the costs of the action, except those excluded…
2Cases cited1 opinion
- House v. LockwoodNew York Supreme Court · 1888