LANNI v. SPALLINA


39 Misc.2d 639 (1963)

Wayne F. Lanni, an Infant, by His Guardian ad Litem, Frank Lanni, et al., Plaintiffs, v. Joseph A. Spallina et al., Defendants.

Supreme Court, Monroe County.

July 10, 1963


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Frederic T. Henry, Jr., of counsel), for Joseph A. Spallina and another, defendants. Nusbaum, Tarricone, Bilgore, Weltman & Silver (Warren J. Weltman of counsel), for plaintiffs.


G. ROBERT WITMER, J.

Defendants have moved for an order retaxing costs herein, striking from the bill of costs five items, to wit, (1) interest on the verdicts, (2) fees paid to three doctors, (3) fees for serving subpœnas, (4) Sheriff's fees on execution and (5) part of the costs taxed for an examination before trial.

Upon the argument plaintiffs conceded that item (3), consisting of $8.60 taxed...

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