People Ex Rel. Levy Brothers Realty Company v. Walsh

New York Court of Appeals

People Ex Rel. Levy Brothers Realty Company v. Walsh

178 N.E. 787, 257 N.Y. 543, 1931 N.Y. LEXIS 919

DecidedJuly 15, 1931

StatusPublished

This text of 178 N.E. 787 (People Ex Rel. Levy Brothers Realty Company v. Walsh) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People Ex Rel. Levy Brothers Realty Company v. Walsh, 178 N.E. 787, 257 N.Y. 543, 1931 N.Y. LEXIS 919 (N.Y. 1931).

Pincite

Opinion

*544 Per Curiam.

Section 719-a, subdivision 5, of the Charter of the City of New York provides: “ Costs shall not be allowed against the board [of standards and appeals], unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.” (Laws of 1916, ch. 503.)

The context makes it plain that this provision was designed to govern the award of costs by the Special Term of the Supreme Court or by a justice thereof in disposing of a petition to review a decision of the Board (Charter, § 719-a, subds. 1 and 2).

It has no application to costs in the Appellate Division or in this court.

The motion should be denied with ten dollars costs and printing disbursements.

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*544 Per Curiam.

Section 719-a, subdivision 5, of the Charter of the City of New York provides: “ Costs shall not be allowed against the board [of standards and appeals], unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.” (Laws of 1916, ch. 503.)

The context makes it plain that this provision was designed to govern the award of costs by the Special Term of the Supreme Court or by a justice thereof in disposing of a petition to review a decision of the Board (Charter, § 719-a, subds. 1 and 2).

It has no application to costs in the Appellate Division or in this court.

The motion should be denied with ten dollars costs and printing disbursements.

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Bluebook (online)

178 N.E. 787, 257 N.Y. 543, 1931 N.Y. LEXIS 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-levy-brothers-realty-company-v-walsh-ny-1931.