Hyperlawhypertext legal database Dobson v. Dr. B. J. Kay Medical Co. 72 N.Y.S. 1100

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Dobson v. Dr. B. J. Kay Medical Co.

72 N.Y.S. 1100 Court N.Y. App. Div. Decision date 1901-11-13 English

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p. 1100
DOBSON et al., Appellants, v. DR. B. J. KAY MEDICAL CO., Respondents.
(Supreme Court, Appellate Division, Third Department.
November 13, 1901.)

Headnote

Action by Lotta S. M. Dobson and another against the Dr. B. J. Kay Medical Company.
From a judgment for defendant, and from an order denying a motion for a new trial, plaintiffs appeal. Affirmed, except as to awarding costs to defendant.

The order denying motion for a new trial, and the judgment, should be affirmed, except that part of the judgment which awards costs to the defendant, and as to that part .it should be reversed, with costs to the respondent. The order denying the plaintiffs’ application for a certificate should be reversed, as we are of opinion that in this action a claim of title to real property arises on the pleadings, and an application for a certificate in such eases is unnecessary. The plaintiffs should make application to the clerk for taxation of their costs.