Sachs v. Screen Tek, Inc.

The City Court granted a motion by plaintiff for summary judgment. On appeal the Appellate Term affirmed “ with $10.00 costs ”. The clerk of the City Court nevertheless taxed costs on the basis of $20 before argument and $40 after argument of the appeal for a total of $60 costs under section 1508 of the Civil Practice Act.

Upon a review of this taxation at a Special Term of the City Court a reduction of the costs as taxed was denied. The Appellate Term, by a divided court, reversed the order of the City Court denying retaxation and limited the costs to $10 by the order appealed from.

We are…