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Weinheimer v. Ross

148 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1914-04-04 English

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p. 1150
WEINHEIMER, Appellant, v. ROSS et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
April 4, 1914.)

Headnote

Action by John F. Weinheimer against Alexander J. Ross and others.

Order made by this court on March 11, 1914, amended, so as to provide that the judgment appealed from be modified, by striking out the award of costs to the defendant, and, as so modified, affirmed without costs of this appeal to either party. Held, that the trial court should, as a condition of awarding the equitable relief, have withheld costs from the defendant. For former decision, see 148 N. Y. Supp. 1150.