
    Emil Mattes, Pl'ff, v. John G. Panse et al., Def’ts.
    
      (New York Common Pleas, Special Term,
    
    
      Filed March 26, 1892.)
    
    Costs—Case removed from district court.
    In. an action to recover damages for negligence, removed from a district court to the common pleas, in which plaintiff recovers a verdict less than fifty dollars, defendant is entitled to full costs.
    Action by Emil Mattes against John G% Panse and another for personal injuries through defendants’ negligence. Application removed to the New York court of common pleas, in which judgment was rendered for plaintiff for a sum less than fifty dollars, upon which defendants’ costs were taxed. Plaintiff applies for a retaxation.
    
      John Fennel, for pl’ff; B. Lewinson, for def’ts.
   Giegerich, J.

—The provisions of the Code of Civil Procedure respecting costs (chap. 21, titles first, second and third), apply to actions tried in one of the courts specified in subdivision 4 of § 3347, namely ,the supreme court, a superior city court, the marine c'ourt of the city of New York, or a county court, Code Civil Procedure, § 3347, subdiv. 13, and are not limited to actions commenced in one of such courts, and triable therein. Combs v. Combs, 25 Hun, 279; reversing 1 Civ. Pro. Rep., 298; 62 How., 304. It follows that the costs of this action, which was originally brought in a district court of this city to recover damages for a personal injury, and removed to this court, must be awarded and taxed pursuant to the above cited provisions of the Code. The cases cited by the learned counsel for the plaintiff, namely, Druckenmiller v. Shoninger, 15 Daly, 477; 29 St. Rep., 142; Latteman v. Fere, 11 Civ. Pro. Rep., 217; Salter v. Parkhurst, 2 Daly, 240, have no application, as they merely relate to the status óf an action commenced in a district court after its removal to this court. The plaintiff having recovered less than fifty dollars, the defendant is entitled to costs. Kaliski v. Pelham Park R. R. Co., 20 Civ. Pro., 315; Daly, C. J.: Ruger v. Fahys Watch Case Co., id., 204; 37 St. Rep., 400.

The application of the plaintiff for a retaxation of the costs must therefore be denied.  