Dreyer v. Shapiro

New York Supreme Court

Dreyer v. Shapiro

143 Misc. 170, 255 N.Y.S. 602, 1927 N.Y. Misc. LEXIS 1322

CourtNew York Supreme Court

DecidedMarch 18, 1927

StatusPublished

Cited by5 cases

This text of 143 Misc. 170 (Dreyer v. Shapiro) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dreyer v. Shapiro, 143 Misc. 170, 255 N.Y.S. 602, 1927 N.Y. Misc. LEXIS 1322 (N.Y. Super. Ct. 1927).

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Opinion

Cropsey, J.

Motion granted. When the action was started the statute (Civ. Prac. Act, § 1474) provided in effect that costs could be recovered if plaintiff obtained an award of $500 or more. Before the trial the statute was amended to provide in effect that no costs would be recoverable unless the award was $2,000 or more.

The amendment did not except pending actions. It, therefore, applies to all actions and speaks as of the time when judgment may be entered. That is the rule in this State. (15 C. J. 23, 24; Supervisors of Onondaga v. Briggs, 3 Den. 173; Munson v. Curtis, 43 Hun, 214, 216; Erie County v. Fridenberg, 161 N. Y. Supp. 401.)

As plaintiff recovered less than $2,000, he is not entitled to costs.

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Cropsey, J.

Motion granted. When the action was started the statute (Civ. Prac. Act, § 1474) provided in effect that costs could be recovered if plaintiff obtained an award of $500 or more. Before the trial the statute was amended to provide in effect that no costs would be recoverable unless the award was $2,000 or more.

The amendment did not except pending actions. It, therefore, applies to all actions and speaks as of the time when judgment may be entered. That is the rule in this State. (15 C. J. 23, 24; Supervisors of Onondaga v. Briggs, 3 Den. 173; Munson v. Curtis, 43 Hun, 214, 216; Erie County v. Fridenberg, 161 N. Y. Supp. 401.)

As plaintiff recovered less than $2,000, he is not entitled to costs.

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Bluebook (online)

143 Misc. 170, 255 N.Y.S. 602, 1927 N.Y. Misc. LEXIS 1322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dreyer-v-shapiro-nysupct-1927.

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