Hannon v. Keller

New York County Courts

Hannon v. Keller

2 Misc. 2d 927, 150 N.Y.S.2d 458, 1956 N.Y. Misc. LEXIS 1922

DecidedApril 24, 1956

StatusPublished

This text of 2 Misc. 2d 927 (Hannon v. Keller) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hannon v. Keller, 2 Misc. 2d 927, 150 N.Y.S.2d 458, 1956 N.Y. Misc. LEXIS 1922 (N.Y. Super. Ct. 1956).

Pincite

Opinion

Lawrence H. Cooke, J.

The final order herein dismissed the landlord’s petition and provided that the tenant recover “ costs in the sum of $15.00 and $1.25 disbursements ”. Landlord now moves to strike from the judgment entered said item of costs in the sum of $15.

An award of costs to the successful party in summary proceedings is mandatory (Civ. Prac. Act, § 1430; Cunningham v. Hragvil, 90 N. Y. S. 2d 164). Excepting where the application [928]*928is founded upon an allegation of forcible entry or forcible holding out, costs to such a successful party ‘ ‘ must be at the rate allowed by law in an action in a justice’s court, and are limited in like manner ” (Civ. Prac. Act, § 1431).

With the exceptions above noted, costs to such a successful party in a summary proceeding consist only of the items of expenses for fees and other disbursements actually and legally paid or incurred, not to exceed $15, and the fees of witnesses, if any, attending from another county (Justice Court Act, §§ 314, 317, 321; Mt. Hope Holding Corp. v. Tober, 136 Misc. 826; 211-213 West 29th St. Co. v. Gorstein, 139 Misc. 238; Cohen v. Melle, 43 Misc. 79; Lauria v. Capobianco, 39 Misc. 441; Springer v. Schlegel, 189 N. Y. S. 15; K. T. W. Realty Corp. v. Nussbaum, 138 Misc. 741; Matter of 609 Holding Corp v. Burke, 202 Misc. 709, 714, affd. 281 App. Div. 678).

Subdivision 2 of section 317 of the Justice Court Act (derived from Code Civ. Pro., § 3076) does not provide for an arbitrary allowance of $15 as costs besides the fees of witnesses attending from another county, but sets forth a maximum limitation on the amount of expenses to be allowed as costs (Matter of Ross, 107 Misc. 726, 727, affd. 188 App. Div. 904); and allowable costs in summary proceedings are strictly regulated (Matter of Muck, 125 N. Y. S. 2d 415, 419).

While statutory costs are a matter of right, authority for an item claimed must be found in the statute (Friedman v. Borchardt, 161 App. Div. 672, 674, appeal dismissed 214 N. Y. 711), and there is no statutory authority for the item in dispute here.

Motion granted. Submit order.

Free access — add to your briefcase to read the full text and ask questions with AI

Lawrence H. Cooke, J.

The final order herein dismissed the landlord’s petition and provided that the tenant recover “ costs in the sum of $15.00 and $1.25 disbursements ”. Landlord now moves to strike from the judgment entered said item of costs in the sum of $15.

An award of costs to the successful party in summary proceedings is mandatory (Civ. Prac. Act, § 1430; Cunningham v. Hragvil, 90 N. Y. S. 2d 164). Excepting where the application [928]*928is founded upon an allegation of forcible entry or forcible holding out, costs to such a successful party ‘ ‘ must be at the rate allowed by law in an action in a justice’s court, and are limited in like manner ” (Civ. Prac. Act, § 1431).

With the exceptions above noted, costs to such a successful party in a summary proceeding consist only of the items of expenses for fees and other disbursements actually and legally paid or incurred, not to exceed $15, and the fees of witnesses, if any, attending from another county (Justice Court Act, §§ 314, 317, 321; Mt. Hope Holding Corp. v. Tober, 136 Misc. 826; 211-213 West 29th St. Co. v. Gorstein, 139 Misc. 238; Cohen v. Melle, 43 Misc. 79; Lauria v. Capobianco, 39 Misc. 441; Springer v. Schlegel, 189 N. Y. S. 15; K. T. W. Realty Corp. v. Nussbaum, 138 Misc. 741; Matter of 609 Holding Corp v. Burke, 202 Misc. 709, 714, affd. 281 App. Div. 678).

Subdivision 2 of section 317 of the Justice Court Act (derived from Code Civ. Pro., § 3076) does not provide for an arbitrary allowance of $15 as costs besides the fees of witnesses attending from another county, but sets forth a maximum limitation on the amount of expenses to be allowed as costs (Matter of Ross, 107 Misc. 726, 727, affd. 188 App. Div. 904); and allowable costs in summary proceedings are strictly regulated (Matter of Muck, 125 N. Y. S. 2d 415, 419).

While statutory costs are a matter of right, authority for an item claimed must be found in the statute (Friedman v. Borchardt, 161 App. Div. 672, 674, appeal dismissed 214 N. Y. 711), and there is no statutory authority for the item in dispute here.

Motion granted. Submit order.

Cite This Page — Counsel Stack

Bluebook (online)

2 Misc. 2d 927, 150 N.Y.S.2d 458, 1956 N.Y. Misc. LEXIS 1922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannon-v-keller-nycountyct-1956.

Opinion

Related

Cite This Page — Counsel Stack