Sweeney v. Murphy

The plaintiffs brought an action for declaratory judgment to determine the unconstitutionality of a particular section of the Town Law. The issue was appealed to the Court of Appeals, and the plaintiffs prevailed in the action. In this proceeding, the defendant wishes a clarification regarding the awarding of costs.

Special Term denied the motion for summary judgment, and the defendants Murphy appealed and stipulated before the Appellate Division that there were no issues of fact. The Appellate Division decided in favor of the plaintiffs, and its order specified ‘ ‘ with costs ’ ’. The…