O'Neill v. Ridner

By this motion, the defendant has requested the court to make an order setting aside the act of the Clerk of the County of Albany in taxing costs upon a certain judgment. It is maintained that the taxation of costs is a nullity due to the fact that the plaintiff judgment creditor did not follow the dictates of either section 8402 or section 8403 of the Civil Practice Law and Rules. Specifically, it is contended that under section 8402 the defendant should have received at leasts days’ notice of the taxation of costs, and under section *3138403, which provides for taxation without notice, a…