LARIN v. GUGINO


18 Misc.2d 200 (1959)

Allen F. Larin, Doing Business as Power City Lumber Company, Plaintiff, v. Frank Gugino et al., Defendants.

County Court, Niagara County.

July 31, 1959.


Attorney(s) appearing for the Case

McNulty, Gellman & Kellick for plaintiff.

Merino & Vitch for Frank Gugino, defendant.


FRANK J. KRONENBERG, J.

Section 1476 of the Civil Practice Act provides in substance that when there are two defendants and plaintiff recovers judgment against one but is unsuccessful as to the other defendant, the latter may, in the discretion of the court, recover costs against the plaintiff provided that such defendant was not united in pleading or in interest with the defeated defendant.

In the instant...

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