WILKINS v. KELLY


24 A.D.2d 1011 (1965)

Tamer R. Wilkins, Respondent, v. Samuel Kelly, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1965


Judgment modified on the law by striking out its fourth decretal paragraph directing that plaintiff recover $353 costs as taxed. As so modified, judgment affirmed, with costs to the plaintiff, with leave to plaintiff to retax trial costs on five days' notice to defendant to be served not later than 20 days after entry of the order hereon.

No questions of fact have been considered. It does not appear that a valuation of the property necessary for fixing the additional...

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