Lasser v. Stuyvesant Insurance

Plaintiffs recovered a judgment. Defendant appealed to the Appellate Division and gave an undertaking to stay execution. The appeal was never argued. The defendant later moved to set aside the judgment and for a new trial upon the ground of newly-discovered evidence. This motion was granted, and thereafter the complaint was dismissed and defendant entered judgment for costs. Defendant has included in its bill of costs the premiums *341paid for the undertaking mentioned, together with interest thereon. This motion is to strike these items from the bill of costs.

So far as applicable to this motion…