Bent Steel Co. v. Western Electric Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover for work, labor and services, order granting reargument and on reargument adhering to the original decision which denied defendant’s motion for a new taxation of costs so as to strike out an extra allowance awarded by a referee who was appointed to hear and determine the issues, insofar as appealed from, affirmed, with $10 costs and disbursements. A referee who hears and determines the issues upon a trial acts as “ the court ” and is empowered to award or withhold discretionary costs as an incident of the trial for the purpose, of effectuating the complete disposition…
2Cases cited8 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Pinsker v. PinskerAppellate Division of the Supreme Court of the State of New York · 1899
- Di Silvestro v. Sons of Italy Grand LodgeAppellate Division of the Supreme Court of the State of New York · 1930
- Graves v. BlanchardNew York Supreme Court · 1850
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3Cited by3 opinions
- Abrams v. Textile Realty Corp.New York Supreme Court · 1949
- Hampton Bays Supply Co. v. AdlerNew York Supreme Court · 1955
- Phillips v. BlasenheimAppellate Division of the Supreme Court of the State of New York · 1969