Legal Opinion
Saraceno v. Eastern Cab Co.
New York Supreme Court
Decided August 1, 1938PublishedCited by 1 opinion
1Opinion of the CourtHinklet, J.
This motion involves a rather unusual question of the right to costs.
Plaintiff brought his action in negligence in the City Court of Buffalo. By order of this court, plaintiff’s action was consolidated with an action then pending in the higher court. The order of consolidation made no reference to costs.
The action originally brought in this court was adjusted without trial and the plaintiff then proceeded with the trial of his action then in this court and recovered the sum of $200.
The controversy now arises over subdivision 5 of section 1474 of the Civil Practice Act, which is as follows: “…
2Cases cited4 opinions
- Stevens v. Central National BankNew York Court of Appeals · 1901
- Ferguson v. . ArnowNew York Court of Appeals · 1894
- Reich v. La Bau DyerNew York Court of Appeals · 1904
- Scioldoni v. Republic Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1928
3Cited by1 opinion
- Bridge Properties, Inc. v. Securitas Realty Corp.City of New York Municipal Court · 1945