Gebhardt v. West Seneca Fire District No. 5

This is a motion for a new taxation of costs, allowing the plaintiff interest at the rate of 6% per annum instead of 4% per annum, on the verdicts against the defendant, West Seneca Fire District No. 5; one verdict was for $2,000 for pain and suffering, and the other was for $55,000 for wrongful death.

The Clerk of Erie County ruled in favor of the fire district on a motion for retaxation of costs.

Section 1536 of the Civil Practice Act, provides, in part: “ A taxation or a retaxation may be reviewed by the court upon a motion for a new taxation. The order made upon such a motion may allow or…