Salerno v. New York Central Railroad

This is a motion for an order pursuant to CPLR 5019 (subd. [a]) to amend the judgment entered by the defendant, Pacific Fruit Express Company, to strike out so much of the judgment as includes a recovery for costs.

In the trial court the plaintiff had a judgment against both defendants. Upon appeal the Appellate Division (21 A D 2d 850) reversed the judgment and dismissed the complaint as against the defendant, Pacific Fruit Express Company, the Appellate Division order saying in part ‘ ‘ without costs of these appeals to any party”. However, the Pacific Fruit Express Company in entering its…