Banker's Trust Co. v. Nagler

This is a motion to retax costs of appeal.

*575In lieu of an undertaking, defendant deposited a certified check to stay execution pending appeal of a judgment rendered against him on a motion for summary judgment. The Appellate Division reversed the judgment. Defendant, claiming that it cost him $800 in interest to borrow the money deposited, attempted to tax costs for such expense less interest earned on said deposit. The Clerk refused to allow such amount as a disbursement and the defendant seeks to tax same as a disbursement pursuant to subdivision 9-a of section 1518 of the Civil Practice Act.

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