Appellate Terms of the Supreme Court of New York, 1913

Equitable Trust Co. v. Kirchhoff

Appellate Terms of the Supreme Court of New York · Decided March 7, 1913 · Bijur

140 N.Y.S. 373 (New York Supplement)

Counsel

McLear & McLear, of New York City (Robert E. McLear, of New York City, of counsel), for appellant., J. Wilson Bryant, of New York City, for respondent.

Opinion of the Court

BIJUR, J.

The plaintiff appeals from an order denying a motion to strike from the record a provision allowing costs to the defendant in a judgment of dismissal rendered against the plaintiff. Such an order is not appealable. The plaintiff should have moved for a retaxation of costs, and, if that motion had been denied, appealed from the judgment. Spiegelman v. Union Ry. Co., 95 App. Div. 92, 88 N. Y. Supp. 478.

Appeal dismissed, with $10 costs. All concur.

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