Opinion
12-16-1954
Isaac Reisner, Doing Business as Federal Brush Company, Respondent, v. 749 Broadway Realty Corporation et al., Appellants.
Jerome I. Hyman and Julius B. Sucher for appellants. Abraham Burstein for respondent. HAMMER, HOFSTADTER and HECHT, JJ., concur. Per Curiam. The right to costs is governed by the statute in effect when the right to costs accrues, not that in effect when the action is begun. (Defendorf v. Defendorf, 42 App. Div. 166; Dreyer v. Shapiro, 143 Misc. 170; Galante v. Dae Mfg. Co., N. Y. L. J., June 4, 1954, p. 7, col. 2.) Since the plaintiff's recovery was less than $1,500, the amount prescribed by subdivision 2 of section 1474 of the Civil Practice Act, when the costs were taxed, it was error to allow costs. The judgment should be modified by striking therefrom the sum of $253.08, costs as taxed, and as modified affirmed, without costs. Judgment accordingly.