Hyde v. Anderson

Appellate Division of the Supreme Court of New York

Hyde v. Anderson

112 A.D. 76, 98 N.Y.S. 62, 1906 N.Y. App. Div. LEXIS 604

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1906

StatusPublished

Cited by7 cases

This text of 112 A.D. 76 (Hyde v. Anderson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hyde v. Anderson, 112 A.D. 76, 98 N.Y.S. 62, 1906 N.Y. App. Div. LEXIS 604 (N.Y. Ct. App. 1906).

Pincite

Opinion

Gaynor, J.:

The order should be reversed and the motion granted. The judgment was unauthorized ; judgment may not be entered for costs allowed on a motion (Code Civ. Proc. § 779). Moreover, the order of discontinuance should not have been absolute, as it was. It could only impose the costs as a condition of discontinuance, and then the plaintiff would have been free to pay the costs and discontinue, or go on with the action.

Order reversed with costs and disbursements, and motion, granted with costs.

Hirschberg, P. J., Woodward, Rich and Miller, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion granted, with costs.

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