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SWILLER v. CITY OF N. Y.

52 Misc.2d 771 (1966)

Lewis H. Swiller, Plaintiff, v. City of New York, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

December 27, 1966

Attorney(s) appearing for the Case

Lewis H. Swiller, plaintiff in person. J. Lee Rankin, Corporation Counsel (Ira J. Raab of counsel), for defendant.

JOSEPH R. MARRO, J.

This is an action to recover the sum of $12.50 paid by the plaintiff for a six-man jury in a prior action in this court, and which action was settled or otherwise disposed of before trial.

By subdivision 3 of section 118 of the former New York City Municipal Court Code, it was provided that if an action was settled or discontinued before trial, "all jury and jurors' fees paid by...

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