Tilden v. Brownell — 126 N.Y.S. 1148

Majority

p. 1148

TILDEN v. BROWNELL.

(Supreme Court, Appellate Term.

December 8, 1910.)

Headnote

Appeal from City Court of New York. Action by Mary L. Tilden against Andrew S. Brownell, President of the New York Realty Owners Company. From a certain order, both parties appeal. Portion of order appealed from by plaintiff affirmed. Portion of order appealed from by defendant modified and affirmed. 'See, also, 136 App. Div. 941 , 121 N. Y. Supp. 1149 .

Arthur O. Townsend (Hamilton Rogers, of counsel), for plaintiff. Clarence Alexander,, for defendant.

That portion of the order appealed from by the plaintiff is affirmed, with $10 costs and disbursements to the defendant. Order appealed from by the defendant modified, by striking therefrom the words “with costs and disbursements of this action,” and also the words' “on payment of said costs,” and substituting in the place of the latter “upon payment of $10 motion costs,” and, as thus modified, affirmed, with $10 costs and disbursements to t'he plaintiff. Costs of one party to be offset against those of the other.