Moretti v. Boudry

Appellate Division of the Supreme Court of New York

Moretti v. Boudry

46 A.D.2d 733, 360 N.Y.S.2d 745, 1974 N.Y. App. Div. LEXIS 3785

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1974·Published

Opinion

Judgment unanimously modified to delete therefrom the award of costs against the infant, and as modified affirmed, with costs, to plaintiffs. Memorandum: It was admitted by the defendant that it was error to assess costs against the infant. The failure of defendant to agree to delete the costs against the infant was one of the bases for this appeal, and therefore the costs of the appeal should be paid by him. (Appeal from judgment of Herkimer Trial Term in negligence action.) Present — Witmer, J. P., Moule, Cardamone, Mahoney and Goldman, JJ.

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Judgment unanimously modified to delete therefrom the award of costs against the infant, and as modified affirmed, with costs, to plaintiffs. Memorandum: It was admitted by the defendant that it was error to assess costs against the infant. The failure of defendant to agree to delete the costs against the infant was one of the bases for this appeal, and therefore the costs of the appeal should be paid by him. (Appeal from judgment of Herkimer Trial Term in negligence action.) Present — Witmer, J. P., Moule, Cardamone, Mahoney and Goldman, JJ.

Moretti v. Boudry, 46 A.D.2d 733, 360 N.Y.S.2d 745, 1974 N.Y. App. Div. LEXIS 3785 (N.Y. Ct. App. 1974).

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46 A.D.2d 733 (Moretti v. Boudry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.