Gold v. Churnin
This text of 18 Misc. 2d 440 (Gold v. Churnin) 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.
Opinion
The judgment should be unanimously modified on the law by adding interest, costs and disbursements to plaintiff’s recovery and as so modified affirmed, without costs on this appeal.
While the court properly limited plaintiff’s recovery to the sum of $75, it was error to disallow costs. There was no compliance with the provisions of section 174-a of the Civil Practice Act, and therefore the defendants were not relieved from the payment of costs.
Judgment modified, etc.
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Cite This Page — Counsel Stack
18 Misc. 2d 440, 193 N.Y.S.2d 486, 1959 N.Y. Misc. LEXIS 3616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-v-churnin-nyappterm-1959.