Hauser v. Herzog
Appellate Division of the Supreme Court of the State of New York
Appeal by Walter M. Rosebault from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of August, 1910, imposing costs on the attorney personally upon the denial of a motion for a reargument. '
1Opinion of the Court
Cearke, J.:
This is an appeal by the attorney for plaintiff from so much of an order dénying a motion for a reargument of a motion for the. appointment óf a receiver as imposes ten dollars costs to be paid by him personally. The appeal is taken because of the statement of the court in its opinion which is' as. follows: “ There' are two false statements in the affidavit of plaintiff’s attorney, verified ■ August 5th. First. ‘That the defendant has not yet appeared . in the action by attorney and has not served, an answer herein.’ *523Whereas the defendant appeared and served his answer on July 13th…
2Cases cited1 opinion
- Greenwald v. Gotham-Attucks Music Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Hamilton Park Builders Corp. v. RogersNew York Supreme Court · 1956
- In re the Estate of HookerNew York Surrogate's Court · 1940
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- Hurdman v. KellyAppellate Division of the Supreme Court of the State of New York · 1937