Equitable Trust Co. v. Kirchhoff 140 N.Y.S. 373

EQUITABLE TRUST CO. v. KIRCHHOFF.

(Supreme Court, Appellate Term, First Department.

March 7, 1913.)

Appeal and Error (§ 119*)—Appealable Order—Costs on Dismissal.

An order denying a motion to strike from the record a provision allowing costs to defendant in a judgment of dismissal rendered against plaintiff is not appealable; plaintiff’s remedy being by motion for retaxation of costs and by appeal from the judgment in case the motion is denied.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 823-839; Dec. .Dig. § 119.*]

*Tor other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

Appeal from Municipal Court, Borough of Manhattan, First District. _

_ Action by the Equitable Trust Company against Laurence Kirchhoff. From an order of the Municipal Court of the City of New York denying a motion to strike from the record a provision allowing costs to defendant, in a judgment on a dismissal rendered against plaintiff, it appeals. Dismissed.

Argued February term, 1913, before SEABURY, GERARD, and BIJUR, JJ.

McLear & McLear, of New York City (Robert E. McLear, of New York City, of counsel), for appellant.

J. Wilson Bryant, of New York City, for respondent.