O'Beirne v. Kelly

When this cause was before me for trial, and before any proof was taken, the defendant moved to dismiss the complaint. Leave was thereupon granted to withdraw a juror upon payment of thirty dollars in order to allow the plaintiff to move at Special Term to serve an amended complaint. These costs have since been paid. The defendant insists that the terms to be imposed as a condition of granting the amendment are costs to date. This seems to be the rule in this department. Palazzo v. Degnon-MacLean Const. Co., 115 App. Div. 172; Kerrigan v. Peters, 108 id. 292. I do not think, however, that it…