Brackett v. Smith

Appellate Division of the Supreme Court of New York

Brackett v. Smith

242 A.D. 711

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1934

DocketAppeal No. 2

StatusPublished

This text of 242 A.D. 711 (Brackett v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brackett v. Smith, 242 A.D. 711 (N.Y. Ct. App. 1934).

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Opinion

— Judgment modified by striking out the provision for the payment of $668.40 costs as taxed, and as so modified unanimously affirmed, without costs. Since there is no certificate by the trial judge certifying that the plaintiff’s demand was duly presented and that the payment was unreasonably resisted or neglected, the court is without power to grant costs. (Civ] Prae. Act, § 1499; Scheu v. Blum, 119 App. Div. 825.) Present — Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ.

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— Judgment modified by striking out the provision for the payment of $668.40 costs as taxed, and as so modified unanimously affirmed, without costs. Since there is no certificate by the trial judge certifying that the plaintiff’s demand was duly presented and that the payment was unreasonably resisted or neglected, the court is without power to grant costs. (Civ] Prae. Act, § 1499; Scheu v. Blum, 119 App. Div. 825.) Present — Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ.

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Bluebook (online)

242 A.D. 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brackett-v-smith-nyappdiv-1934.

Opinion

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