Genthner v. Bruns

Order granting defendant’s motion to dismiss the above-entitled action reversed on the law, without costs, and motion denied, without costs, unless, within ten days after service and entry of this order, defendant pay to the plaintiffs the further sum of $71.25; in which event the motion is granted, without costs, and the county clerk of the county of Kings is directed to cancel and discharge the lis pendens in the above-entitled action. In our opinion, the term “ taxable costs ” as used in section 1077-e of the Civil Practice Act includes the allowance provided for by subdivision 5 of…