Ridabock v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William S. Ridabock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of July, 1896, denying his motion for a retaxation of costs. The action was the customary action against the elevated roads for an injunction and damages. The plaintiff obtained a judgment from which the defendants appealed to the Appellate Division, where it was affirmed.
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Appeal by the plaintiff, William S. Ridabock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of July, 1896, denying his motion for a retaxation of costs. The action was the customary action against the elevated roads for an injunction and damages. The plaintiff obtained a judgment from which the defendants appealed to the Appellate Division, where it was affirmed. Upon the taxation of costs', the clerk refused to allow the plaintiff to tax the amount paid for the stenographer’s minutes, used…
1Opinion of the Court
Per Curiam :
The rule in this department is, that the amount paid for a copy of the stenographer’s minutes, obtained for the purpose of properly preparing amendments to the case on appeal, is a taxable disbursement. (Sebley v. Nichols, 32 How. Pr. 182 ; Cutter v. Morris, 7 N. Y. St. Repr. 426; Stevens v. N. Y. El. R. Co., 31 id. 404.) The cases contra deal mainly with minutes obtained for use upon the trial. It is said, however, in Pfaudler Co. v. Sargent (43 Hun, 154) that the stenographer’s fees are not taxable even when procured for the purpose of enabling a party to prepare amendments to a…
2Cases cited1 opinion
- Sebley v. NicholsNew York Supreme Court · 1866
3Cited by17 opinions
- Pratt v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Long Island Contracting & Supply Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Bremer v. Manhattan Railway Co.New York Supreme Court · 1906
- Gallagher v. BairdAppellate Division of the Supreme Court of the State of New York · 1901
- Starkweather v. SundstromAppellate Division of the Supreme Court of the State of New York · 1906
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