In re the Accounting of Franklin National Bank

John D. Bennett, S.

After determination by the Court of Appeals (3 N Y 2d 502), applications for allowances pursuant to section 278 of the Surrogate’s Court Act and bills of costs have been submitted by the respective attorneys in the two construction proceedings.

Two questions have arisen on these applications. The first question is whether a bill of costs may be taxed in each of the two proceedings where the same party has appeared in both proceedings. The general rule is that in the absence of a formal consolidation or a stipulation as to costs, matters remain independent of one another for…