Legal Opinion

M. & S. Electric Co. v. Moskowitz

City of New York Municipal Court

Decided June 11, 1934Published

1Opinion of the CourtWinter, J.

Section 170 of the Municipal Court Code provides that “ A party to whom costs are awarded shall be allowed his necessary disbursements as follows: * * * 6. Such other reasonable and necessary expenses as are prescribed by law or taxable by express provision of law.”

Section 177 provides that where the transcript of the stenographer’s minutes becomes a necessary part of the return on appeal, they should be paid in the first instance by the appellant and be taxable by him as a disbursement on the appeal.

The authority to tax stenographer’s minutes is plainly limited to “ A party to whom costs are…

2Cases cited2 opinions

  1. Rosebrock Butter & Egg Co. v. JorischAppellate Terms of the Supreme Court of New York · 1916
  2. Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909

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