Reisner v. 749 Broadway Realty Corp.

Appellate Terms of the Supreme Court of New York

Reisner v. 749 Broadway Realty Corp.

207 Misc. 76, 136 N.Y.S.2d 866, 1954 N.Y. Misc. LEXIS 3537

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 16, 1954

StatusPublished

Cited by4 cases

This text of 207 Misc. 76 (Reisner v. 749 Broadway Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reisner v. 749 Broadway Realty Corp., 207 Misc. 76, 136 N.Y.S.2d 866, 1954 N.Y. Misc. LEXIS 3537 (N.Y. Ct. App. 1954).

Pincite

Opinion

Per Curiam.

The right to costs is governed by the statute in effect when the right to costs accrues, not that in effect when the action is begun. (Defendorf v. Defendorf, 42 App. Div. 166 ; Dreyer v. Shapiro, 143 Misc. 170 ; Galante v. Dae Mfg. Co., N. Y. L. J., June 4, 1954, p. 7, col. 2.) Since the plaintiff’s recovery was less than $1,500, the amount prescribed by subdivision 2 of section 1474 of the Civil Practice Act, when the costs were taxed, it was error to allow costs.

[77]*77The judgment should be modified by striking therefrom the sum of $253.08, costs as taxed, and as modified affirmed, without costs.

Hammer, Hofstadter and Hecht, JJ., concur.

Judgment accordingly.

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