Shopiro v. Fairmount Building Co.

Order of May 7, 1938, so far as appealed from, affirmed, with ten dollars costs and disbursements. Memorandum: We read the order of May 7, 1938, as being an order made at the foot of the judgment. An appeal from such an order does not permit a review of the judgment itself. Assuming that the judgment of March 28, 1938, is before us for review, we hold that the court had discretionary power to grant the additional allowance. A defense having been *1036interposed in this action to foreclose mortgages, the court had discretionary power to grant an additional allowance of $2,000, notwithstanding that…