Miss Susan, Inc. v. Enterprise & Century Undergarment Co.

Appellate Division of the Supreme Court of New York

Miss Susan, Inc. v. Enterprise & Century Undergarment Co.

273 A.D. 768, 75 N.Y.S.2d 538, 1947 N.Y. App. Div. LEXIS 3067

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

DecidedDecember 22, 1947

StatusPublished

Cited by1 cases

This text of 273 A.D. 768 (Miss Susan, Inc. v. Enterprise & Century Undergarment Co.) 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

Miss Susan, Inc. v. Enterprise & Century Undergarment Co., 273 A.D. 768, 75 N.Y.S.2d 538, 1947 N.Y. App. Div. LEXIS 3067 (N.Y. Ct. App. 1947).

Pincite

Opinion

The sum of $376.22 was paid by defendant in securing an undertaking to stay execution pending appeal from a judgment in favor of the plaintiffs for $18,810.73. Defendant succeeded on appeal in getting this judgment reduced to $3,350.67, and defendant was awarded costs of the appeal. The said sum of $376.22 was afterwards taxed in defendant’s favor under subdivision 9-a of section 1518 of the Civil Practice Act, on the [769]*769basis that it represented the reasonable expense actually incurred in securing an undertaking to stay execution under a judgment “ subsequently reversed.” This judgment was not reversed but modified on appeal. Therefore, the inclusion of the premiums paid to secure the undertaking was unauthorized. Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellants, and plaintiffs’ motion granted to eliminate from the judgment and bill of costs the said sum of $376.22 for such premiums. Settle order on notice. Present — Peck, P. J., G-lennon, Cohn and Van Voorhis, JJ.

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

The sum of $376.22 was paid by defendant in securing an undertaking to stay execution pending appeal from a judgment in favor of the plaintiffs for $18,810.73. Defendant succeeded on appeal in getting this judgment reduced to $3,350.67, and defendant was awarded costs of the appeal. The said sum of $376.22 was afterwards taxed in defendant’s favor under subdivision 9-a of section 1518 of the Civil Practice Act, on the [769]*769basis that it represented the reasonable expense actually incurred in securing an undertaking to stay execution under a judgment “ subsequently reversed.” This judgment was not reversed but modified on appeal. Therefore, the inclusion of the premiums paid to secure the undertaking was unauthorized. Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellants, and plaintiffs’ motion granted to eliminate from the judgment and bill of costs the said sum of $376.22 for such premiums. Settle order on notice. Present — Peck, P. J., G-lennon, Cohn and Van Voorhis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D. 768, 75 N.Y.S.2d 538, 1947 N.Y. App. Div. LEXIS 3067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miss-susan-inc-v-enterprise-century-undergarment-co-nyappdiv-1947.

Opinion

Related

Cite This Page — Counsel Stack