Weinberg v. Graf

A motion was made by the defendant to dismiss the action on the ground that there was another action pending for the same cause between the same parties. This motion was granted. The action being in the sum of $750 for personal injuries, the clerk taxed the costs pursuant to section 164 of the Municipal Court Code.

The plaintiff now moves to retax the costs, contending that the statute awards no costs to the defendant on a motion of this nature other than the discretionary costs provided by section 167 of the Municipal Court Code.

In the case of Arcadia Hosiery Co. v. Fine (135 Misc. 663) the…