Roome v. Unger

Appellate Terms of the Supreme Court of New York

Roome v. Unger

171 Misc. 293, 12 N.Y.S.2d 523, 1939 N.Y. Misc. LEXIS 1923

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 5, 1939

StatusPublished

This text of 171 Misc. 293 (Roome v. Unger) 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

Roome v. Unger, 171 Misc. 293, 12 N.Y.S.2d 523, 1939 N.Y. Misc. LEXIS 1923 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

It was error to award costs to abide the event on opening a default, as this holds out to the defaulting party the possibility of being rewarded therefor if successful in the action. (Richardson v. Sun Publishing Co., 20 App. Div. 329.)

[294]*294Order modified by providing that defendant pay to plaintiffs, within five days after service of order entered hereon, ten dollars costs, and the judgment heretofore entered stand as security for any judgment that may be recovered, and order, as modified, affirmed.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Per Curiam.

It was error to award costs to abide the event on opening a default, as this holds out to the defaulting party the possibility of being rewarded therefor if successful in the action. (Richardson v. Sun Publishing Co., 20 App. Div. 329.)

[294]*294Order modified by providing that defendant pay to plaintiffs, within five days after service of order entered hereon, ten dollars costs, and the judgment heretofore entered stand as security for any judgment that may be recovered, and order, as modified, affirmed.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Bluebook (online)

171 Misc. 293, 12 N.Y.S.2d 523, 1939 N.Y. Misc. LEXIS 1923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roome-v-unger-nyappterm-1939.

Opinion

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