Rosen v. Adirondack Transit Lines, Inc.

Motion by plaintiff for retaxation of defendants’ costs as to trial and witnesses’ fees. On the argument plaintiff withdrew his objection to the item for term fees, thus leaving for decision only the question of the witnesses’ fees. Plaintiff’s objection, as contained in his affidavit before the county clerk, is that “ There is no statement in said affidavit that each witness was, or was believed to be, a necessary and material witness ”. He makes no claim that any of the witnesses did not testify; thus we are dealing only with witnesses who have testified.

In Crippen v. Brown (11 Paige Ch.…