Onondaga County v. City of Amsterdam
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Amsterdam, from an order of the Supreme Court, made at the Herkimer Special Term and entered in the office of the clerk of the county of Onondaga on the 23d day of September, 1909, denying the defendant’s motion for retaxation of costs.
1Opinion of the Court
Kruse, J.:
To entitle the plaintiff to costs, section 3245 of the Code of Civil Procedure requires, in an action against a municipal corporation, in which the complaint demands a judgment for money only, that the claim be presented before the commencement of the action to the board of such corporation having power to audit the same or to its chief fiscal officer within a time therein stated.
The defendant contends that plaintiff did not present its claim as required by this section, and, therefore, is not entitled to costs. That question is presented by its appeal from the order denying the…
2Cases cited1 opinion
- Onondaga County v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1910