Townsend v. Perry — 154 N.Y.S. 1147

Majority

p. 1147

TOWNSEND, Respondent, v. PERRY et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

July 7, 1915.)

Headnote

Action by Frank B. Townsend against Ezekiel C. Perry and others.

Order modified so as to require the plaintiff, as a condition of granting the new trial, to pay all costs of the action already accrued, viz., $778.96 taxed in the last judgment (less costs before notice of trial) and taxed costs of the appeal therefrom to this court and taxable costs already accrued on the appeal to the Court of Appeals, and $10 costs of the motion, such costs to be paid within 90 days after service of a copy of this order with notice of entry; and as so modified the order is affirmed, without costs of this appeal to either party. See, also, 151 N. Y. Supp. 1148 .

KRUSE, P. J., and LAMBERT, J., dissent and vote for reversal of the order and denial of the motion.