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BANKER'S TRUST CO. v. NAGLER

38 Misc.2d 574 (1962)

Banker's Trust Company, Plaintiff, v. Jacques Nagler et al., Defendants.

Supreme Court, Special Term, New York County.

December 6, 1962

Attorney(s) appearing for the Case

Emanuel Miller for plaintiff. Gerard V. Murphy for County Clerk.

VINCENT A. LUPIANO, J.

This is a motion to retax costs of appeal.

In lieu of an undertaking, defendant deposited a certified check to stay execution pending appeal of a judgment rendered against him on a motion for summary judgment. The Appellate Division reversed the judgment. Defendant, claiming that it cost him $800 in interest to borrow the money deposited, attempted to tax costs for such...

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