Ljungquist v. Hartmetz

City of New York Municipal Court

Ljungquist v. Hartmetz

54 Misc. 87, 104 N.Y.S. 498

DecidedApril 15, 1907

StatusPublished

This text of 54 Misc. 87 (Ljungquist v. Hartmetz) 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

Ljungquist v. Hartmetz, 54 Misc. 87, 104 N.Y.S. 498 (N.Y. Super. Ct. 1907).

Pincite

Opinion

Wadhams, J.

Where the complaint is dismissed as to a defendant who answered separately, such defendant is not entitled to costs, as a matter of course, provided the plaintiff [88]*88is entitled to costs against one or more defendants. In such case costs may be awarded in the discretion of the court. Code Civ. Pro., § 3229. As no application for an award of costs was made in this case, the judgment entered improperly awarded costs in favor of the defendant. The proper remedy in such case is an order striking from the judgment docketed and entered in favor of the defendant and against the plaintiff that portion thereof awarding costs of the action in favor of the defendant and against the plaintiff. Eastman v. Gray, 81 Hun, 362. Such order may be entered.

Ordered accordingly.

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Wadhams, J.

Where the complaint is dismissed as to a defendant who answered separately, such defendant is not entitled to costs, as a matter of course, provided the plaintiff [88]*88is entitled to costs against one or more defendants. In such case costs may be awarded in the discretion of the court. Code Civ. Pro., § 3229. As no application for an award of costs was made in this case, the judgment entered improperly awarded costs in favor of the defendant. The proper remedy in such case is an order striking from the judgment docketed and entered in favor of the defendant and against the plaintiff that portion thereof awarding costs of the action in favor of the defendant and against the plaintiff. Eastman v. Gray, 81 Hun, 362. Such order may be entered.

Ordered accordingly.

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Bluebook (online)

54 Misc. 87, 104 N.Y.S. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ljungquist-v-hartmetz-nynyccityct-1907.

Opinion

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