Appellate Division of the Supreme Court of the State of New York March 5, 1909 (Miller v. Allen)

Miller, J.:

On the return of the summons the defendant appeared by attorney, who filed a written offer of judgment, pursuant to section 148 of the Municipal Court Act,, subscribed by the said attorney. The recovery was less favorable to the plaintiffs than the offer. Wherefore, the appellant claims, that she should have been allowed costs.

The respondents contend, that section. 740 of the.