Opinion
March 12, 1952.
Appeal from County Court of Sullivan County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Appellant commenced an action in Justice's Court against respondent. The latter commenced an action against appellant in the County Court of Sullivan County. By stipulation the two actions were consolidated. No reservation as to costs was noted. Appellant was given the right to open and close. Upon a trial a jury returned a verdict of no cause for action in both claims. The County Court held that it was the intent of the parties, as evidenced by their stipulation, to make appellant plaintiff and respondent defendant in the consolidated action; and that since appellant did not succeed as plaintiff, respondent was entitled to a bill of costs. Order and judgment unanimously affirmed, with costs.