Seacoast Trust Co. v. Mugman
Appellate Terms of the Supreme Court of New York
Appeal by defendants from so much of a judgment of the Municipal Court of the City of New York, borough of Manhattan, ninth district, for defendants, upon discontinuance, as merely awards thirty-seven dollars and fifty cents costs, and also from two orders denying defendants’ motion for retaxation of costs.
1Opinion of the CourtLehman, J.
The plaintiff has demanded in its summons and complaint the sum of $2,001.79 with interest. The defendants voluntarily appeared and interposed an answer in which they alleged that. ‘ ‘ it appears on the face of the summons and of the complaint that the court has no jurisdiction of the subject of the action.” Inasmuch as the court was clearly without jurisdiction, the plaintiff moved for leave to discontinue without costs. The court permitted the discontinuance but decided that the plaintiff must pay taxable costs. Thereafter the costs were taxed at the sum of thirty-seven dollars and fifty…
2Cases cited1 opinion
- Day v. Sun Insurance OfficeAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Kohlberg v. HalloranCity of New York Municipal Court · 1928
- Sea Coast Trust Co. v. MugmanAppellate Division of the Supreme Court of the State of New York · 1918
- McDougall v. Service Garage, Inc.City of New York Municipal Court · 1946
- O'Connor v. La PapilaCity of New York Municipal Court · 1956
- Gelles-Berger Co. v. Char-Ko Realty Construction Corp.Civil Court of the City of New York · 1962