County of Westchester v. Wakefield Park Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Wakefield Park Eealty Company and others, from so much of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 6th day of October, 1911, as denies the application of the defendants for the allowance of a taxable bill of costs for each parcel separately tried.
1Opinion of the Court
Woodward, J.:
This is a condemnation proceeding, and the only question presented upon this appeal from an order denying an application for costs in each case separately tried is, whether the court had power to grant the award asked for, the motion having been denied upon the ground that the court was without power in the premises. We are of the opinion that the learned court at Special Term has fallen into error in this matter, and that the law .is well established that, where the question at issue is *656as to the amount of compensation to be paid, each separate parcel is to be regarded as a…
2Cases cited1 opinion
- Dexter & Northern Railroad v. FosterAppellate Division of the Supreme Court of the State of New York · 1911