National Surety Co. v. Seaich
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William. H. Seaioh, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of March, 1918, granting him leave to serve a second amended" complaint, and also from an order entered in said clerk’s office on .the 1st day of April, 1918, denying his motion for a retaxation of costs.
1Opinion of the Court
Shearn, J.:
Leave was granted to serve a second amended complaint upon terms. The terms were that at the time of such service the plaintiff should pay the defendant “ a full bill of costs to date.” The first amended complaint had been served upon leave of the court and on similar terms, and the costs imposed had been paid. The defendant undertook to tax the second bill of costs to fix the amount of the plaintiff’s liability and the clerk refused to tax any part of the bill except ten dollars costs. The action of the clerk was sustained at Special Term and defendant has appealed. When the court *111…
2Cited by1 opinion
- Hadjopoulos v. ManoussoAppellate Division of the Supreme Court of the State of New York · 1921