Hall Approved Free Access to American Case Law
City of New York Municipal Court, 1929

Stier v. Industrial Rediscount Corp.

Stier v. Industrial Rediscount Corp.
City of New York Municipal Court · Decided June 13, 1929 · Rosalsky
134 Misc. 603; 235 N.Y.S. 674; 1929 N.Y. Misc. LEXIS 1149

Counsel

Lester Grossman, for the plaintiff., Samuel A. Hirshowitz, for the defendant.

Stier v. Industrial Rediscount Corp.

Opinion of the Court

Rosalsky, J.

This motion is granted. The plaintiff’s action and defendant’s counterclaim were dismissed on the merits. The *604fact of the counterclaim being in excess of the plaintiff's claim is not the test. The plaintiff must recover a money judgment in order to be entitled to costs. The defendant is the prevailing party under subdivision 7 of section 164 of the New York City Municipal Court Code.

The clerk is ordered to enter judgment accordingly.

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