Hill v. Kann
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of Yew York, denying a motion to vacate the taxation of costs.
1Opinion of the CourtBischoff, J.
The action was brought upon two causes of action, one for $576 and the other for $200. Pending the trial the plaintiff accepted payment of the amount claimed upon the first cause of action and the jiarties entered into a stipulation that “all matters relating to the said first cause of action be and the same are hereby eliminated from this action, without costs to either party as against the other.” The cause being brought to trial, the plaintiff had a verdict for $200 upon the single cause of action litigated, and taxed his costs. Thereupon the defendant moved to vacate the taxation upon the…
2Cited by4 opinions
- Leyden v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Fusco v. Roberts, New York County Courts1970
- Huber v. Metropolitan Life InsuranceNew York Supreme Court · 1935
- Smith v. A. J. Walker-Stoops Co.Appellate Terms of the Supreme Court of New York · 1911