Silber v. Silber
New York Supreme Court
Motion by plaintiff to review the action of the clerk in refusing to tax, as disbursements, two items expended by plaintiff for stenographer’s minutes, one item being for the minutes of the inquest in this action, and the other for the minutes of the testimony of a witness at a hearing in a habeas corpus proceeding having no direct legal relation to this action.
1Opinion of the Court
Gavegan, J.(1) Where the defendant fails to answer it is the established custom in this county to tax, as a disbursement, the amount properly paid the stenographer for the minutes which a party must furnish pursuant to rule 282 of the Rules of Civil Practice. This is an item now covered by subdivision 10 of section 1518 of the Civil Practice Act. It is also the practice here to interpret rule 282 as requiring the party talcing an inquest, after an answer has been filed, in any action to which the rule relates, to furnish the minutes. The default here was after an answer had been filed.' That…
2Cited by1 opinion
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