In re Jerome Avenue
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Condemnation proceedings .to acquire title to the Jerome avenue .approach to the New Macomb’s Dam Bridge, etc. Action by Euphemis A. Hawes, as executrix of the estate of G. P. Hawes, deceased, and another, against Mary Hynes. From an order denying an application to retax costs, plaintiffs appeal. Affirmed.
1Per curiam
This appeal is from an order denying a motion to retax the costs. The costs taxed were in a special proceeding, and, of course, the right thereto not being specially regulated by the Code, the court had the power to award costs at the rate allowed for similar services in an action. Section 3240. This is what it did on the former appeal when it reversed the order there appealed from (In re Department of" Public Works, 58 App. Div. 459, 69 N. Y. Supp. 413), and the award of costs included disbursements (section 3256).
The order on the former appeal, having been reversed with costs as in an…
2Cases cited3 opinions
- Matter of Dept. of Public W'ks of N.Y. CityNew York Court of Appeals · 1901
- Hynes v. HawesAppellate Division of the Supreme Court of the State of New York · 1901
- In re Application of Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 1901