Mossein v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Empire State Surety Company, from an. order of the Supreme Court, made at the' Kings County Special Term- and entered in the office of the clerk of the county of Kings on the 24th day of April, 1906, denying the defendant’s motion for an order retaxing the plaintiff’s bill of costs.
1Opinion of the Court
Jenks, J.:
When-the plaintiff’s first judgment was reversed and a new trial was granted, with costs to abide the event (97 App. Div. 230), and the plaintiff succeeded upon the second trial, he was entitled to tax the costs of both trials. The learned counsel 'for the appellant argues that in effect the plaintiff thereby profits by a wrong proceeding. The point has been urged before and the force of it recognized, e. g., by Freedman, J., in Isaacs v. N. Y. Plaster Works (4 Abb. N. C. 8). But the argument for the rule is that the defendant was not entitled to the costs when, he appealed, as he…
2Cases cited4 opinions
- Belt v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1904
- First N. B'k Meadville v. . Fourth N. B'k N.Y.New York Court of Appeals · 1881
- Sanders v. TownshendNew York Court of Common Pleas · 1882
3Cited by3 opinions
- Levine v. KleinCity of New York Municipal Court · 1910
- People v. CornellNew York Supreme Court · 1909
- Robinson v. Terminal Freight Transport, Inc.New York Supreme Court · 1958