FAULK v. AWARE, INC.


35 Misc.2d 317 (1962)

John H. Faulk, Plaintiff, v. Aware, Inc., et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

July 13, 1962


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Louis Nizer, Paul Martinson and George Berger of counsel), for plaintiff. Saxe, Bacon & O'Shea (Thomas A. Bolan and John F. Lang of counsel), for defendants. Harry G. Liese, as temporary administrator of estate of Laurence A. Johnson, deceased.


ABRAHAM N. GELLER, J.

By written notice served on defendants, plaintiff has applied for an additional allowance pursuant to sections 1513 and 1514 of the Civil Practice Act. These sections provide that "in a difficult and extraordinary case, where a defense has been interposed in an action, * * * the court in its discretion" may, in addition to statutory costs, award to any party an allowance of a sum not exceeding 5% upon the sum recovered or allowed...

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