HANNON v. KELLER


2 Misc.2d 927 (1956)

Frank Hannon, Landlord, v. Simon Keller, Doing Business as Keller Sign Company, Tenant.

County Court, Sullivan County.

April 24, 1956.


Attorney(s) appearing for the Case

Carl P. Goldstein for landlord.

George H. Rosen for tenant.


LAWRENCE H. COOKE, J.

The final order herein dismissed the landlord's petition and provided that the tenant recover "costs in the sum of $15.00 and $1.25 disbursements". Landlord now moves to strike from the judgment entered said item of costs in the sum of $15.

An award of costs to the successful party in summary proceedings is mandatory (Civ. Prac. Act, § 1430; Cunningham v. Hragvil, 90 N.Y.S.2d 164). Excepting where the application...

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