Lalla v. Bulkley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Lalla, from an order of the Supreme Court, made at the' Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 10th day of January, 1913, as resettled by an order entered in said clerk’s office on the 16th day of January, 1913.
1Per curiam
The same question is involved on this appeal as in that of Capozzi v. Bulkley (156 App. Div. 55), decided herewith, except that there was a further disallowance by the court at Special Term of the sum of thirty dollars taxed by the plaintiff for witness fees on the second trial in this case which was had under precisely the same circumstances as that in the Capozzi case. As to the question of disallowance of the witness fees in question, we think that the decision of the Special Term should not be disturbed. It does not sufficiently appear that these witnesses were material and necessary…
2Cases cited1 opinion
- Capozzi v. BulkleyAppellate Division of the Supreme Court of the State of New York · 1913