Appellate Terms of the Supreme Court of New York, 1912

Schroeder v. Fine

Appellate Terms of the Supreme Court of New York · Decided March 21, 1912

134 N.Y.S. 591 (New York Supplement)

Counsel

Meyer Levy, for appellants., Rogers & Rogers (Gustavus A. Rogers and Frederick C. Gladden, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

[1,2] So far as the costs of appeal are concerned, the justice at Special Term correctly held that these costs were *592limited to $10. On the other hand, the order clearly contemplated the payment of costs below as a condition for the service of the pleading, and the items of costs after notice of trial and the trial fee should have been allowed.

Order modified, as indicated, and, as modified, affirmed, without •costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.