Keystone Type Foundry v. City of New York

McAvoy, J:

The city of New York claims to • be aggrieved by an order denying its motion for a retaxation of costs in which it asked the *87court to strike out an item paid for stenographer’s minutes at the second trial of the action.

There were twp trials of the case in which plaintiff recovered each time. From the first judgment plaintiff itself appealed on the ground that the damages were insufficient. (206 App. Div. 605.) Upon a new trial plaintiff again was awarded judgment and defendant appealed from the judgment, which was affirmed by this court. (211 App. Div. 847.)

The costs taxed by the…