White v. Douglas — 110 N.Y.S. 1149

Majority

p. 1149

WHITE v. DOUGLAS.

(Supreme Court, Appellate Division, First Department.

May 1, 1908.)

Headnote

Appeal from Special Term. Action by Joseph H. White against James A. Douglas. From an order denying a retaxation of costs, defendant appeals. Affirmed.

Jacob Fromme, for appellant.

Henry A. Friedman, for respondent.

This court having awarded costs to abide the result of the final judgment in the action, and the final judgment having been for the plaintiff, the latter was absolutely entitled to costs, regardless of whether or not costs were allowed at Special Term. But the judgment at Special Term expressly awarded those costs, so no question of that kind was presented. The order should be affirmed, with $10 costs and disbursements.