Town of Brighton v. Rochester Vulcanite Pavement Co.

Love, J,

Decision on this application, made at the close of the plaintiff’s case in connection with motions for dismissal, was reserved. It is an application for the allowance of extra costs under section 1513 of the Civil Practice Act on the grounds that the case was a difficult and extraordinary one.

As applicable here section 1513 of the Civil Practice Act reads: “ in a difficult and extraordinary case, when a defense has been interposed in an action, * * *, the court, in its discretion, also may award to any party, a further sum, as follows;

2 * * *

“ 2. In any action * * * where a defense…