Sagona v. Montalbano
228 A.D. 857
Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1930·Published·Cited by 2 cases
Opinion
Judgment modified by eliminating therefrom the provision for costs, and as so modified unanimously affirmed, without costs. We are of opinion that in the absence of an award of costs in the decision, costs were improperly incorporated in the judgment under section 440 of the Civil Practice Act. The appeal from the order dismissed, without costs. Present ■— Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ.
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Sagona v. Montalbano, 228 A.D. 857 (N.Y. Ct. App. 1930).
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