Equitable Trust Co. v. Kirchhoff
140 N.Y.S. 373
Opinion
The plaintiff appeals from an order denying a motion to strike from the record a provision allowing costs to the defendant in a judgment of dismissal rendered against the plaintiff. Such an order is not appealable. The plaintiff should have moved for a retaxation of costs, and, if that motion had been denied, appealed from the judgment. Spiegelman v. Union Ry. Co., 95 App. Div. 92, 88 N. Y. Supp. 478.
Appeal dismissed, with $10 costs. All concur.
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Equitable Trust Co. v. Kirchhoff, 140 N.Y.S. 373 (N.Y. Ct. App. 1913).
140 N.Y.S. 373 (Equitable Trust Co. v. Kirchhoff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Spiegelman v. Union Railway Co.
95 A.D. 92 (Appellate Division of the Supreme Court of New York, 1904)