RICH v. O'MALLEY


280 A.D. 817 (1952)

Harold A. Rich, Appellant-Respondent, v. Walter F. O'Malley, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 16, 1952.


Appeal from order dismissed, without costs. In view of the reversal of the judgment, which contains a provision granting costs to defendant, the appeal from the order granting plaintiff's motion to retax costs has become academic.

However, the elimination of the item for stenographic fees for the minutes of plaintiff's examination before trial was proper. (Kahn v. Sheirr, 280 App. Div. 753 [1st Dept.], Straub v. Buffalo Broadcasting Corp., 247 App. Div...

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