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DE NICOLA v. PALLAS

82 Misc.2d 156 (1975)

Beverly De Nicola, Plaintiff, v. Margaret Pallas, Defendant.

City Court of Utica.

May 23, 1975

Attorney(s) appearing for the Case

William D. Ribyat, Jr., for plaintiff. Louis S. Petrone and Stuart E. Finer for defendant.

JACK J. DANELLA, J.

This is a motion by plaintiff to vacate judgment for costs in favor of defendant after a jury trial. The action was originally commenced by plaintiff in Small Claims Court. Defendant demanded a jury trial pursuant to section 1806 of the Uniform City Court Act. This did not change the basic character of the action as a small claims matter.

In Small Claims Court no statutory costs are allowable to either party. (Rules for Small...

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