BERMONT v. SERGE ELEVATOR CO.


199 Misc. 825 (1951)

George Bermont, Plaintiff, v. Serge Elevator Co., Inc., Defendant.

City Court of the City of New York, Special Term, New York County.

April 30, 1951.


Attorney(s) appearing for the Case

Benjamin Meyer for plaintiff.

George S. Wallace for defendant.


BYRNES, C. J.

Plaintiff failed to appear upon the call of the trial calendar and upon defendant's motion in open court at that time the action was dismissed. The question for determination is whether defendant should be permitted to tax $30 costs, pursuant to paragraph j of subdivision 3 of section 1504 of the Civil Practice Act, which reads in part: "For the trial of an issue of fact, thirty dollars". "Trial" is defined in all standard legal dictionaries...

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