BELL PLUMBING CO. v. OSTROFF


17 A.D.2d 906 (1962)

Bell Plumbing Company, Respondent, v. Saul Ostroff, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 25, 1962


Judgment unanimously modified on the law and facts in accordance with the memorandum and as modified affirmed, with costs to the respondent.

Memorandum:

Plaintiff and defendant were not residents of the City of Buffalo but were both residents of Erie County. Defendant, however, was employed in an establishment in the City of Buffalo. He was sued in County Court. Under subdivision 5 of section 1474 of the Civil Practice Act, costs are not recoverable by a plaintiff...

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