Rosenberg v. Oussani
Appellate Terms of the Supreme Court of New York
Appeal by the 'defendant from, a judgment of the Municipal Court of the city of New York, borough of Manhattan, eighth district, rendered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
The judgment must be modified by striking out the provision for ten dollars and twenty-five cents costs. The plaintiff" has filed no verified complaint and "has not appeared in the action by attorney. Under such circumstances she was not entitled to costs under section 332 of the Municipal Court Act. Rice v. Hogan, 45 Misc. Rep. 400. Nevertheless the trial justice has allowed her twenty-five cents fees and ten dollars extra costs. The respondent claims that these additional costs are authorized by section 340, irrespective of her right to costs under section 332 of the act. I cannot concur in…
2Cases cited1 opinion
- Rice v. HoganAppellate Terms of the Supreme Court of New York · 1904