1825 Realty Co. v. Gabel

Petitioner seeks resettlement of the judgment to the extent of eliminating therefrom the provision awarding respondent $25 costs in this article 78 proceeding, which was dismissed. Petitioner asserts that, formerly, under the Civil Practice Act costs were not allowable in article 78 proceedings unless specifically prescribed in the order finally entered and that the allowance of costs herein would be inequitable.

In the discussion of “The Bight to Costs in New York”, appended to the Fourth Preliminary Beport of the Advisory Committee — on Practice and Pleading (N. Y. Legis. Doc., 1960, No. 20,…