Whitman Co. v. Travers Bailey Co.

PER CURIAM. After the trial had commenced and one witness had been examined, plaintiff moved to discontinue the action, which motion was granted, on payment of $10 costs. The defendant thereafter made a motion to correct the indorsement of the decision made by the justice on the summons by substituting $20 costs for $10 costs. The motion was denied, and . defendant appeals from the [173] order denying the motion. Municipal Court Act, Laws 1902, pp. 1585, 1586, c. 580, § 332, subds. 3, 6, and Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207, apply here. Where the summons demands between $200 and $300, and the action is discontinued, the defendant gets $10 costs. Order affirmed, with costs and disbursements.