Crotty v. DeDion-Bouton Motorette Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Holton M. Grotty, from an order of the' Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the‘9tli day of January, 1905.
1Opinion of the Court
Miller, J.:
This is an appeal from an order directing that plaintiff’s costs he? retaxed by disallowing a trial fee of thirty dollars and a term fee of ten dollars for a term at which an inquest was taken, the default-being subsequently opened. ’ Upon the papers before the clerk the-plaintiff was entitled to tax these two items. On the motion for retaxation at Special Term the defendant was permitted to read the order opening the default and an affidavit to the effect that the forty dollars, payment of which was imposed asa condition of opening the default, was stated by the justice granting…
2Cited by1 opinion
- LaRosa v. WilnerAppellate Terms of the Supreme Court of New York · 1907