Stier v. Industrial Rediscount Corp.

City of New York Municipal Court

Stier v. Industrial Rediscount Corp.

134 Misc. 603, 235 N.Y.S. 674, 1929 N.Y. Misc. LEXIS 1149

DecidedJune 13, 1929

StatusPublished

This text of 134 Misc. 603 (Stier v. Industrial Rediscount Corp.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stier v. Industrial Rediscount Corp., 134 Misc. 603, 235 N.Y.S. 674, 1929 N.Y. Misc. LEXIS 1149 (N.Y. Super. Ct. 1929).

Pincite

Opinion

Rosalsky, J.

This motion is granted. The plaintiff’s action and defendant’s counterclaim were dismissed on the merits. The [604]*604fact of the counterclaim being in excess of the plaintiff's claim is not the test. The plaintiff must recover a money judgment in order to be entitled to costs. The defendant is the prevailing party under subdivision 7 of section 164 of the New York City Municipal Court Code.

The clerk is ordered to enter judgment accordingly.

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Rosalsky, J.

This motion is granted. The plaintiff’s action and defendant’s counterclaim were dismissed on the merits. The [604]*604fact of the counterclaim being in excess of the plaintiff's claim is not the test. The plaintiff must recover a money judgment in order to be entitled to costs. The defendant is the prevailing party under subdivision 7 of section 164 of the New York City Municipal Court Code.

The clerk is ordered to enter judgment accordingly.

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Bluebook (online)

134 Misc. 603, 235 N.Y.S. 674, 1929 N.Y. Misc. LEXIS 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stier-v-industrial-rediscount-corp-nynyccityct-1929.