SCHWARTZ v. DURNING


104 Misc.2d 1018 (1977)

Frank Schwartz, Plaintiff, v. Bernard Durning, Defendant.

Town Court of Town of Mamaroneck, Westchester County.

June 14, 1977.


Attorney(s) appearing for the Case

Frank Schwartz, plaintiff pro se. Terence Dwyer for defendant.


RUSSELL G. PELTON, J.

After trial duly held, and presentation of testimony and other evidence, this court rendered a decision awarding damages to plaintiff and awarding statutory costs under the Uniform Justice Court Act.

Defendant now calls to the attention of the court section 1902 of the Uniform Justice Court Act which states that a party shall be allowed costs only "if he has appeared by attorney." In this case the plaintiff appeared pro...

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