TIANO v. YAPLE


56 Misc.2d 44 (1968)

Cathie Tiano, an Infant, by Her Father, Charles Tiano, et al., Plaintiffs, v. Lee E. Yaple, an Infant, by His Father, Merrill A. Yaple, Defendant.

Supreme Court, Special Term, Ulster County.

January 3, 1968


Attorney(s) appearing for the Case

Napoletano, Kelly & Saccoman for plaintiff. Wells & Maher for defendant.


LAWRENCE H. COOKE, J.

In this action in which the complaint sets forth a cause of action for the recovery of damages for personal injuries sustained by the infant plaintiff and a derivative cause of action for damages sustained by her father, plaintiffs move to set aside the judgment for costs entered by defendant against plaintiffs.

Under CPLR 1205, costs may not be taxed against either the infant or his representative unless a court so orders...

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