Himberg v. Rogers
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an. order of the City Court of the city of ¡New York, granting the plaintiff’s motion to discontinue the action without costs, except ten dollars costs of motion.
1Opinion of the CourtGiegerich, J.
This action, begun on the 24th day of May, 1902, by the service of a summons, was brought to recover the sum of $115, for goods sold and delivered by the plaintiff to the defendant. On the twenty-eighth day of May following, the defendant served a notice of appearance upon the plaintiff’s attorneys. The action, having been settled between the parties, the defendant’s attorneys requested the plaintiff’s attorneys to consent to the discontinuance of the action, without costs, which they refused to do, and they also refused, after having given various extensions, to grant the defendant any…
2Cases cited5 opinions
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Bendit v. Annesley & FerrisNew York Supreme Court · 1864
- Willis v. ChippNew York Supreme Court · 1854
- Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896
- Layman v. New York Bank Note Co.The Superior Court of the City of New York and Buffalo · 1892
3Cited by1 opinion
- Weeks v. StarrAppellate Terms of the Supreme Court of New York · 1911