New York Mutual Savings & Loan Ass'n v. Westchester Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York Mutual Savings and Loan Association, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the Yth day of July, 1904, denying the plaintiff’s motion for a new taxation of the defendant’s bill of costs so as to disallow an item of $500 for referee’s fees as taxed therein.
1Opinion of the Court
Willard Bartlett, J.:
The decision of the Court of Appeals in Griggs v. Day (135 N. Y. 469) constrains us to reverse the order appealed from in so far as it refuses a retaxation of the $500 allowed to the referee in this case.
According to the brief for the respondent the referee spent nineteen days in the business of the reference. He thus became entitled to receive $190 under the provisions of section 3296 of the Code of Civil Procedure, unless a higher rate of compensation was provided for by a stipulation made pursuant to that section. The stipulation relied upon as authorizing the…
2Cases cited2 opinions
- First National Bank v. . TamajoNew York Court of Appeals · 1879
- Griggs v. . DayNew York Court of Appeals · 1892
3Cited by2 opinions
- People v. Bank of Staten IslandAppellate Division of the Supreme Court of the State of New York · 1909
- Churchill v. CoyneAppellate Terms of the Supreme Court of New York · 1915