Hyperlawhypertext legal database Posnir v. Rostof Co. 127 N.Y.S. 1140

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Posnir v. Rostof Co.

127 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1911-02-17 English

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p. 1140
POSNIR, Appellant, v. ROSTOF CO. et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
February 17, 1911.)

Headnote

Action by Morris Posnir against the Rostof Company and another.

Order of the Municipal Court of October 13, 1910, setting aside the verdict and ordering a new trial, affirmed. Order of October 31, 1910, reducing the amount of the costs to be paid as a condition of granting such new trial, reversed, upon the ground that one judge of the Municipal Court had no power to review the order of another judge of said court in this regard. As defendants have not appealed from so much of the order of October 13th as imposed costs as a condition, we cannot review the correctness of such decision. No costs should be awarded to either party as against the other upon these appeals.