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Feldmark v. Weissman

Supreme Court, Appellate Term
Dec 1, 1908
61 Misc. 321 (N.Y. App. Term 1908)

Opinion

December, 1908.

Adolph Cohen, for appellant.

Abr. A. Joseph, for respondents.


This is an appeal from so much of a judgment of dismissal against plaintiff as awards costs to the defendants and from an order denying plaintiff's motion to modify the judgment by striking from it the provision awarding costs.

The summons as served was made returnable at a date more remote from the date of service than is provided by statute. The defendants appeared specially and procured the dismissal of the action. Judgment was thereupon entered for fifteen dollars costs against the plaintiff who contends that this judgment was unwarranted by law. I agree with him upon the ground that the Municipal Court Act makes no provision for costs under such circumstances.

The judgment should be modified by striking out the provision for costs, and, as so modified, affirmed with ten dollars costs and disbursements to the appellant.

The appeal from the order should be dismissed without costs.

GIEGERICH and HENDRICK, JJ., concur.

Appeal dismissed, without costs.


Summaries of

Feldmark v. Weissman

Supreme Court, Appellate Term
Dec 1, 1908
61 Misc. 321 (N.Y. App. Term 1908)
Case details for

Feldmark v. Weissman

Case Details

Full title:SENDER FELDMARK, Appellant, v . THOMAS W. WEISSMAN and SIMON WEISSMAN…

Court:Supreme Court, Appellate Term

Date published: Dec 1, 1908

Citations

61 Misc. 321 (N.Y. App. Term 1908)
113 N.Y.S. 761