Schwartz v. Ribaudo

This is a motion made by the plaintiffs for a relaxation of co. „s in favor of the defendant by striking ont from the bill of costs as taxed the sum of forty dollars taxed for a reargument of the appeal taken herein at the Appellate Term. On the first argument of the appeal it was decided in favor of the defendant. The plaintiffs then made a motion at the Appellate Term for leave to appeal from the affirmance of the judgment to the Appellate Division, or, in the alternative, that a reargument be had de novo, as the court had evidently overlooked legal propositions involved. The said Appellate…