City of New York v. Empire City Subway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City 'of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of March, 1921, denying plaintiff’s motion for a retaxation of defendant’s bill of costs, which had been taxed by a clerk in the sum of $40,497.85.
1Opinion of the Court
Greenbaum, J.:
This action was brought by the plaintiff for the forfeiture of defendant’s system of electrical subways, and for an accounting by defendant under certain contracts subsisting between the parties to this action. The issues were referred upon consent to three referees to hear and determine. Hearings before them commenced on or about October 30, 1916. On November 29, 1918, the referees notified the parties that they were prepared to hand down their decision and that their fees had been fixed by them at the sum of. $80,000.
The decision of the referees as to costs provides as…
2Cases cited2 opinions
- First National Bank v. . TamajoNew York Court of Appeals · 1879
- City of New York v. Empire City Subway Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by2 opinions
- International Fastener Co. v. Francis Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Ferentini v. FerentiniAppellate Division of the Supreme Court of the State of New York · 2010