New York Supreme Court, 1891

Sares v. Matthews

Sares v. Matthews
New York Supreme Court · Decided July 2, 1891 · Dykman
15 N.Y.S. 510; 39 N.Y. St. Rep. 920; 60 Hun 585; 1891 N.Y. Misc. LEXIS 22 (New York Supplement)

Counsel

Arthur S. Tompkins, for appellant. Abram A. Demarest, for respondent.

Sares v. Matthews

Opinion of the Court

Dykman, J.

This is an appeal from an order of the county judge of Rock-land county, denying a motion made by the defendant for a retaxation of the ■costs in this action, and we think the appeal is destitute of merit. The offer for judgment was not served 10 days before the trial, and the plaintiff was not, therefore, forced to an election, as he was entitled to 10 days within which to accept the offer. The order should be affirmed, with $10 costs and ■disbursements. All concur..

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