Flanagan v. City of New York — 140 A.D. 900

Majority

p. 900

Elizabeth M. Flanagan, as Administratrix, etc., of William J. Flanagan, Deceased, Respondent, v. The City of New York, Appellant.

Headnote

Costs—separate causes of action.

Appeal from an order, entered in the New York county clerk’s office June 13, 1910, in so far as it vacates and sets aside a judgment dismissing the complaint as to the second cause of action and for the sum of $292.45 in favor of the defendant.

We do not think the defendant was entitled to enter any final judgment upon this dismissal until the remaining issues were disposed of. But as

p. 901

the plaintiff does not appeal from the order allowing a final judgment to stand, the question is not before us. In no event, however, could the defendant be entitled to a judgment for costs as against the plaintiff at this stage of the action and until the remaining issues are finally disposed of. The order, therefore, is affirmed, with ten dollars costs and disbursements. Present — Ingraham, P. J., Clarkc> Scott, Miller and Dowling, • JJ. Order affirmed, with ten dollars costs and disbursements.