Crown v. H. M. Goldstein Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. M. Goldstein Company, Inc., 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 11th day of February, 1918, denying its motion to vacate a judgment entered herein on the 18th day of January, 1918, on the ground that the- same does not conform to the verdict as rendered.
1Opinion of the Court
Latjghlin, J.:
The judgment was entered on a verdict in favor of plaintiff. The complaint set forth in three separate counts three causes of action, upon the first and third of which issues of fact were joined and litigated and plaintiff only recovered on the first and second. In such case by the express provisions of section 3234 of the Code of Civil Procedure each party was entitled to costs against the other “ unless it is certified that the substantial cause of action was the same upon each issue, ” and if it were so certified then plaintiff only would be entitled to costs. The section…
2Cited by3 opinions
- Gordon v. KrellmanAppellate Division of the Supreme Court of the State of New York · 1926
- Crown v. H. M. Goldstein Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Wapnik v. Argonne Hat Works, Inc.City of New York Municipal Court · 1926