Ballas v. Palodar Realty Co.

Appellate Division of the Supreme Court of New York

Ballas v. Palodar Realty Co.

240 A.D. 1000

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1933·Published

Opinion

Order setting aside the verdict and granting a new trial affirmed, with costs. Lazansky, P. J., Young, Kapper and Carswell, JJ., concur; Davis, J.: I dissent on the question of costs. Costs in this type of appeal being discretionary with this court under section 1491 of the Civil Practice Act, I think that discretion should be exercised to allow costs to respondent to abide the event, rather than impose a heavy burden on the plaintiff which may result in denial of right to a new trial. Otherwise I concur.

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Order setting aside the verdict and granting a new trial affirmed, with costs. Lazansky, P. J., Young, Kapper and Carswell, JJ., concur; Davis, J.: I dissent on the question of costs. Costs in this type of appeal being discretionary with this court under section 1491 of the Civil Practice Act, I think that discretion should be exercised to allow costs to respondent to abide the event, rather than impose a heavy burden on the plaintiff which may result in denial of right to a new trial. Otherwise I concur.

Ballas v. Palodar Realty Co., 240 A.D. 1000 (N.Y. Ct. App. 1933).

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