Gilroy v. Stampfer

City of New York Municipal Court

Gilroy v. Stampfer

30 Misc. 830, 61 N.Y.S. 924

DecidedDecember 15, 1899

StatusPublished

This text of 30 Misc. 830 (Gilroy v. Stampfer) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gilroy v. Stampfer, 30 Misc. 830, 61 N.Y.S. 924 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Per Curiam.

The defendant served a notice of trial and subsequently had this action dismissed for want of prosecution. The clerk allowed the defendant, upon taxation of costs, fifteen dollars for costs after notice of trial. This item was disallowed by the Special Term, and from the order entered this appeal is taken. Neither party filed a note of issue. Under the circumstances the disallowance was proper. The defendant was only entitled to costs after notice of trial if he failed to file a note of issue. Code Civ. Pro., § 977.

Order affirmed, with costs.

Present: Fitzsimons, Ch. J.; Hascall and O’Dwyer, JJ.

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Per Curiam.

The defendant served a notice of trial and subsequently had this action dismissed for want of prosecution. The clerk allowed the defendant, upon taxation of costs, fifteen dollars for costs after notice of trial. This item was disallowed by the Special Term, and from the order entered this appeal is taken. Neither party filed a note of issue. Under the circumstances the disallowance was proper. The defendant was only entitled to costs after notice of trial if he failed to file a note of issue. Code Civ. Pro., § 977.

Order affirmed, with costs.

Present: Fitzsimons, Ch. J.; Hascall and O’Dwyer, JJ.

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Bluebook (online)

30 Misc. 830, 61 N.Y.S. 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilroy-v-stampfer-nynyccityct-1899.