Francis v. Lowe

In an action of a kind which could have been brought in the City Court of the City of New York the plaintiff served defendant with process in Nassau county and then recovered less than $2,000. • The clerk awarded costs and defendant moves to strike the same from the judgment.

Under Civil Practice Act, section 1474, subdivision 1, as it stood prior to the enactment of Laws of 1941, chapter 246, the award of costs was clearly correct, for as the statute then stood a successful plaintiff was deprived of costs only upon the concurrence of two conditions, viz., a recovery of less than $2,000 and…