Shapiro v. Aetna Casualty & Surety Co.

— In an action for a declaratory judgment, defendant Aetna Casualty and Surety Company appeals from so much of an order of the Supreme Court, Nassau County, dated February 27, 1979, as granted plaintiff’s motion to vacate a judgment of the same court, entered November 9, 1978, awarding Aetna the costs of an appeal (see Shapiro v Aetna Cas. & Sur. Co., 62 AD2d 1016). Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and judgment reinstated. Special Term vacated a judgment for costs ordered by this court in favor of the appellant herein on a prior appeal…