Equitable Trust Co. v. Kirchhoff

Appellate Terms of the Supreme Court of New York

Equitable Trust Co. v. Kirchhoff

140 N.Y.S. 373

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 7, 1913

StatusPublished

This text of 140 N.Y.S. 373 (Equitable Trust Co. v. Kirchhoff) 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

Equitable Trust Co. v. Kirchhoff, 140 N.Y.S. 373 (N.Y. Ct. App. 1913).

Pincite

Opinion

BIJUR, J.

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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BIJUR, J.

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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Bluebook (online)

140 N.Y.S. 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-trust-co-v-kirchhoff-nyappterm-1913.

Opinion

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