Patterson v. John H. Woodbury Dermatological Institute
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. -Wood bury Dermatological Institute, from so much of 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 30th day of Hovember, 1906, as denies the defendant’s motion for an order directing the clerk of the Supreme Court to tax the costs in this action in favor of the defendant, and also from an order entered in said clerk’s office on the 12th day of December,…
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Appeal by the defendant, John H. -Wood bury Dermatological Institute, from so much of 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 30th day of Hovember, 1906, as denies the defendant’s motion for an order directing the clerk of the Supreme Court to tax the costs in this action in favor of the defendant, and also from an order entered in said clerk’s office on the 12th day of December, 1906, resettling said orden
1Opinion of the Court
Laughlin, J.:
The action was brought in the Supreme Court, county of Hew York, to recover the sum of $761 for services. With its answer to the amended complaint the defendant served an offer of judgment for $313.85, together with interest thereon and the costs of the action. Upon the trial of the action the plaintiff obtained a verdict for only $279.35. - The offer of judgment was filed and by consent of the parties an entry was made in the minutes of the trial that it had been duly served and had not been accepted. On the taxation of co.sts the plaintiff claimed the right to tax the costs…
2Cited by3 opinions
- Sauner v. Vohwinkle, New York County Courts1925
- Seymour v. WheelerAppellate Division of the Supreme Court of the State of New York · 1910
- Waldstreicher v. SolomonAppellate Division of the Supreme Court of the State of New York · 1908