Legal Opinion

Ponce De Leon v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1908PublishedCited by 5 opinions

Appeal,by the defendant, The Brooklyn Heights Railroad Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 6th day of March, 1908, directing the clerk to tax a full bill of costs.

1Opinion of the Court

McLaughlin, J.:

This action was brought to recover damages alleged to have been sustained by reason of defendant’s negligence. The amount claimed in the complaint was $5,000. The venue was laid in the county of Hew York, where the trial took place and a recovery was had for $400. The clerk declined to tax any costs in favor. of the plaintiff on the ground that he was not entitled to the same under subdivision 5 of section 3228 of the Code of Civil Procedure. A motion was then made to compel the clerk to tax such costs. The motion was granted and defendant appeals.

The subdivision of the section…

2Cases cited1 opinion

  1. Republic of Honduras v. . SotoNew York Court of Appeals · 1889

3Cited by5 opinions

  1. Moraff v. KohnAppellate Division of the Supreme Court of the State of New York · 1913
  2. Francis v. LoweNew York Supreme Court · 1943
  3. G. P. Putnam's Sons v. PickettAppellate Division of the Supreme Court of the State of New York · 1912
  4. Moscahlades v. PetriAppellate Division of the Supreme Court of the State of New York · 1918
  5. G. P. Putnam's Sons v. PickettNew York Supreme Court · 1912

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