Appellate Division of the Supreme Court of New York, 1933

Ballas v. Palodar Realty Co.

Ballas v. Palodar Realty Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1933
240 A.D. 1000
Ballas v. Palodar Realty Co.

Opinion of the Court

Order setting aside the verdict and granting a new trial affirmed, with costs. Lazansky, P. J., Young, Kapper and Carswell, JJ., concur; Davis, J.: I dissent on the question of costs. Costs in this type of appeal being discretionary with this court under section 1491 of the Civil Practice Act, I think that discretion should be exercised to allow costs to respondent to abide the event, rather than impose a heavy burden on the plaintiff which may result in denial of right to a new trial. Otherwise I concur.

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