Miss Susan, Inc. v. Enterprise & Century Undergarment Co.

The sum of $376.22 was paid by defendant in securing an undertaking to stay execution pending appeal from a judgment in favor of the plaintiffs for $18,810.73. Defendant succeeded on appeal in getting this judgment reduced to $3,350.67, and defendant was awarded costs of the appeal. The said sum of $376.22 was afterwards taxed in defendant’s favor under subdivision 9-a of section 1518 of the Civil Practice Act, on the *769basis that it represented the reasonable expense actually incurred in securing an undertaking to stay execution under a judgment “ subsequently reversed.” This judgment was not…