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William Bernard, Inc. v. Cowen

82 Misc. 384 Court N.Y. App. Term English

Delivered by Guy, J.

Contents

Majority

p. 384
Matter of Supplementary Proceedings, William Bernard, Inc., Judgment-Creditor, Respondent, v. Bernard Cowen, Judgment-Debtor, Appellant.
(Supreme Court, Appellate Term, First Department,
October, 1913.)

Headnote

Costs — granted on motion to compel filing of deposition of a witness in supplementary proceedings — not enforceable against real property.
Costs granted on a motion to compel the filing of the deposition of a witness in proceedings supplementary to an execution are not enforcible against real property or by supplementary proceedings.
Appeal from an order of the City Court of the city of New York denying a motion to vacate an order for appellant Cowen’s examination in supplementary proceedings, based upon an award of forty dollars and two
p. 385
cents costs made by this court in Cowen v. Bernard, 80 Misc. Rep. 394 , in granting Bernard’s motion to compel Cowen to file the deposition of a witness in supplementary proceedings.
Emanuel Tepper, for appellant.
Robert L. Turk, for respondent.

Costs upon a motion, not disposing of the merits of a cause, even though awarded by an order of the Appellate Division, are deemed interlocutory and are not enforcible against real property or by supplementary proceedings. Code Civ. Pro., § 779; Matter of Pettis v. Schwartz, 139 App. Div. 904 ; Matter of Stoddard, 128 id. 759; Seabury City Court Practice, 1096, 1097.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

Seabuby and Bijur, JJ., concur.

Order reversed with ten dollars costs, and motion granted, with ten dollars costs.

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