139 Misc. 693 | N.Y. App. Term. | 1930
Judgment and order unanimously reversed upon the law, with thirty dollars costs to appellant; motion for retaxation granted, and costs disallowed to plaintiff. Plaintiff instituted an action to recover the sum of forty dollars, the balance due on a certain contract, and the defendant interposed a counterclaim for two hundred and ninety-six dollars for alleged damages. The complaint and the counterclaim were dismissed on the merits. The
Present, Cropsey, MacCrate and Lewis, JJ.