Martocci v. Greater New York Brewery, Inc.

Plaintiff seeks an order disallowing an item of $444.13 granted to the defendant by the clerk on the original taxation of costs herein. Such item represents interest on the cash amount of the judgment recovered by plaintiff upon trial, subsequently reversed on defendant’s appeal (276 App. Div. 775), which defendant was required to post in cash by the surety company which furnished the bond to stay execution on the judgment pending such appeal.

Plaintiff claims such item does not come within the scope of subdivision 9-a of section 1518 of the Civil Practice Act, which reads as follows: “ A…