Legal Opinion

McNally v. . Rowan

New York Court of Appeals

Decided May 2, 1905PublishedCited by 2 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1905, which reversed an order of Special Term directing a new taxation of costs in an action to foreclose a mechanic’s lien. The following question was certified : “ Is the plaintiff enti- ' tied to costs in this action accruing after the offer of judgment ? ”

1Opinion of the Court

Order affirmed, with costs, on opinion below, and question certified answered in the affirmative.

Concur: Cullen, Olí. J., O’Brien, Bartlett, Haight, Yann and Werner, JJ. Absent: Gray, J. ■

2Cited by2 opinions

  1. Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
  2. Kuhs v. Flower City Tissue Mills Co.Appellate Division of the Supreme Court of the State of New York · 1919