Schaffer v. Welkley

The defendant moved before the Appellate Division for an order granting him leave to appeal to the Court of Appeals from the judgment of affirmance entered in this action. The Appellate Division denied the motion, with ten dollars costs. Thereupon, the plaintiff taxed his costs and disbursements incurred upon said motion, and thereafter entered a judgment for the amount of such costs and disbursements. The defendant now moves to vacate the judgment so entered.

The costs awarded by the Appellate Division are motion costs. (Schleicher v. Schleicher, 137 Misc. 642; affd., 230 App. Div. 802.)

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