City of Johnstown v. Frederick
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the city of Johnstown against Adam Frederick and another for the condemnation of real estate. There was an order taxing costs against plaintiff, from which it appeals.
1Opinion of the CourtPutnam, J.
The order confirming the report of the commissioners to ascertain the compensation to be made to the defendants in this proceeding provided that they recover of the plaintiff costs to be taxed, pursuant to the provisions of section 3372 of the Code of Civil Procedure, as if the compensation awarded had exceeded the amount *413of the offer, with interest, and an additional allowance of costs, not exceeding 2 per cent, upon the amount awarded. The question arises, what costs the defendants were entitled to, under the provisions of the section of the Code of Civil Procedure referred to. Upon the…
2Cases cited1 opinion
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
3Cited by3 opinions
- Bley v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1903
- Brooklyn Union Elevated R. v. CaseAppellate Division of the Supreme Court of the State of New York · 1903
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900