Ashworth v. Abra Building Corp.

Appellate Terms of the Supreme Court of New York

Ashworth v. Abra Building Corp.

176 Misc. 549, 29 N.Y.S.2d 314, 1941 N.Y. Misc. LEXIS 2056

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 30, 1941

StatusPublished

This text of 176 Misc. 549 (Ashworth v. Abra Building Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashworth v. Abra Building Corp., 176 Misc. 549, 29 N.Y.S.2d 314, 1941 N.Y. Misc. LEXIS 2056 (N.Y. Ct. App. 1941).

Pincite

Opinion

Per Curiam

It was error to allow costs where the plaintiff first appeared in person, and, although he was represented at the trial by counsel, no notice of appearance was served or filed until after completion of trial. (Mun. Ct. Rules, rule XI.)

Judgment modified by reducing same to $97.50', and as modified affirmed with fifteen dollars costs to respondent.

Order reversed, and motion denied.

All concur. Present — Hammer, Shientag and Miller, JJ.

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Per Curiam

It was error to allow costs where the plaintiff first appeared in person, and, although he was represented at the trial by counsel, no notice of appearance was served or filed until after completion of trial. (Mun. Ct. Rules, rule XI.)

Judgment modified by reducing same to $97.50', and as modified affirmed with fifteen dollars costs to respondent.

Order reversed, and motion denied.

All concur. Present — Hammer, Shientag and Miller, JJ.

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Bluebook (online)

176 Misc. 549, 29 N.Y.S.2d 314, 1941 N.Y. Misc. LEXIS 2056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashworth-v-abra-building-corp-nyappterm-1941.