Sagona v. Montalbano

Appellate Division of the Supreme Court of New York

Sagona v. Montalbano

228 A.D. 857

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1930

StatusPublished

Cited by2 cases

This text of 228 A.D. 857 (Sagona v. Montalbano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sagona v. Montalbano, 228 A.D. 857 (N.Y. Ct. App. 1930).

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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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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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228 A.D. 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagona-v-montalbano-nyappdiv-1930.

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