Hewlett v. Van Voorhis

On the trial the complaint was dismissed, with costs, but on appeal by plaintiff this court reversed the judgment and granted final judgment in favor of the plaintiff against the defendants, who are executors, with costs of the appeal and of the trial. (See 196 App. Div. 322.) On the original settlement of the order both parties presented proposed orders so providing for the costs; and no point was raised with respect to our awards of costs. The executors have now moved for a resettlement of the order by striking out the awards of costs, on the .grounds that the payment of plaintiff’s claim…