Sagona v. Montalbano

Full title: MARIA SAGONA, Appellant, v. GIROLAMO MONTALBANO, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1930

228 App. Div. 857 (N.Y. App. Div. 1930)

Opinion

March, 1930.

Present — Lazansky, P.J., Rich, Kapper, Hagarty and Scudder, JJ.

Judgment modified by eliminating therefrom the provision for costs, and as so modified unanimously affirmed, without costs. We are of opinion that in the absence of an award of costs in the decision, costs were improperly incorporated in the judgment under section 440 of the Civil Practice Act. The appeal from the order dismissed, without costs.