Legal Opinion

Marcus v. Joseph

New York Court of Appeals

Decided February 9, 1956Published

1Opinion of the Court

Application to further amend the remittitur granted as follows : Order affirmed, without costs. We have no power to review the allowance of costs in the Appellate Division, which is wholly *1004discretionary with it (Civ. Prac. Act, § 1492). The matter is accordingly remitted solely with respect to the allowance or disallowance of costs in that court. [See 305 N. Y. 813, 923.]

2Cases cited1 opinion

  1. Marcus v. JosephNew York Court of Appeals · 1953