Berrent v. Simpson

Further consideration of this appeal upon re-argument leads to the view that the items of costs in dispute were not *694taxable and that the order should be affirmed. Upon a new trial after reversal, the prevailing party, who is entitled to costs of both trials, cannot tax two items of costs, before and after notice of trial. The question was considered in Seifter v. Railroad Co., 53 App. Div. 443, 446, 65 N. Y. S.upp. 1123, and the court gave effect to the language employed in subdivisions 1 and 3 of section 3251 of the Code of Civil Procedure, "for all proceedings” before and after notice of…