Legal Opinion
Warner Weather-Master of Westchester, Inc. v. Strom
New York County Courts
Decided October 31, 1964PublishedCited by 1 opinion
1Opinion of the Court
John H. Galloway, Jr., J.
Defendant moves to vacate judgment and order and the bill of costs taxed herein on September 24, 1964, on the ground that the costs and disbursements taxed were barred by CPLB (8102, subd. 3), because plaintiff’s recovery was less than $250 and that, except for the amount claimed, the action could have been brought in a court of lesser monetary jurisdiction.
Defendant claims plaintiff .recovered only $237. Plaintiff resists and points out that it recovered an additional $40.30 interest, or a total of $277.30, which is the amount of the recovery which governs the right…
2Cases cited3 opinions
- Tae Troy City Bank v. GrantNew York Supreme Court · 1845
- H. M. Goldstein Co. v. Naday & Fleischer, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- H. M. Goldstein Co. v. Naday & Fleischer, Inc.Appellate Terms of the Supreme Court of New York · 1920