William Bernard, Inc. v. Cowen
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by William Bernard, Incorporated, against Bernard Cowen. From an order of the City Court, denying motion to vacate an order for defendant’s examination in supplementary proceedings for' the collection of an award of costs made by the Appellate Term (80 Mise. Rep. 394, 141 N. Y. Supp. 252), in granting an interlocutory motion, the defendant appeals. Order reversed.
1Opinion of the CourtGuy, J.
Costs upon a motion, not disposing of the merits of a cause, even though awarded by an order of the Appellate Division, are deemed interlocutory, and are not enforceable against real property or by supplementary proceedings. Code Civ. Proc. § 779; Pettis v. Schwartz, 139 App. Div. 904, 123 N. Y. Supp. 1137; In re Stoddard, 128 App. Div. 759, 113 N. Y. Supp. 157; Seabury, City Court Practice, pp 1096, 1097.
Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. All concur.
2Cases cited3 opinions
- In re the Examination of StoddardAppellate Division of the Supreme Court of the State of New York · 1908
- Pettis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
- Pettis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910