Hessian Hills Country Club, Inc. v. Home Insurance

The plaintiff Abe Fischer appeals from an order which denied his motion to review the taxation of costs. His motion for summary judgment had been denied at Special Term. On appeal to this court the order was reversed and the motion was granted (Hessian Hills Country Club, Inc., v. Home Ins. Co., 236 App. Div. 615), but because the damages were unliquidated an assessment of damages was ordered. After the assessment had been concluded and final judgment in favor of said plaintiff entered thereon, the defendant appealed from that judgment directly to the Court of Appeals, and on such appeal gave…