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MARCUS v. JOSEPH

309 N.Y. 1003 (1956)

In the Matter of Julius Marcus, Appellant, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1956

Application to further amend the remittitur granted as follows: Order affirmed, without costs. We have no power to review the allowance of costs in the Appellate Division, which is wholly discretionary with it (Civ. Prac. Act, § 1492). The matter is accordingly remitted solely with respect to the allowance or disallowance of costs in that court. [See 305 N.Y. 813...

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