O'NEILL v. RIDNER


42 Misc.2d 312 (1964)

Muriel O'Neill, Plaintiff, v. William Ridner, Defendant.

Supreme Court, Special Term, Albany County.

March 27, 1964


Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Arthur R. Flores of counsel), for plaintiff. John E. Roe for defendant.


DE FOREST C. PITT, J.

By this motion, the defendant has requested the court to make an order setting aside the act of the Clerk of the County of Albany in taxing costs upon a certain judgment. It is maintained that the taxation of costs is a nullity due to the fact that the plaintiff judgment creditor did not follow the dictates of either section 8402 or section 8403 of the Civil Practice Law and Rules. Specifically, it is contended that under section...

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