State v. Burnished Metals Corp.

Appeal from an order of the Supreme Court, Albany County, entered March 1, 1968, which disallowed costs to the appellant. On March 7, 1966 a collision occurred in Ulster County between a *567vehicle owned and operated by respondents and a vehicle owned by the State. Suit was commenced in the Supreme Court, Albany County, by the State demanding $281 for damage to its vehicle. Following a jury .trial, it recovered a verdict and it is undisputed that after the rendition of the verdict the trial court, in its discretion, denied costs to .the appellant, pursuant to the provisions of CPLR 8101, which…