FUSCO v. ROBERTS


62 Misc.2d 624 (1970)

William P. Fusco, an Infant, by His Father and Guardian, Vincent Fusco, et al., Plaintiffs, v. Raymond H. Roberts, Defendant.

County Court, Saratoga County.

March 31, 1970


Attorney(s) appearing for the Case

James L. Pemberton and William M. O'Hare for defendant. John Serbalik for plaintiffs.


EDWARD T. SULLIVAN, J.

Defendant moves for an order disallowing the bill of costs entered in the Saratoga County Clerk's office May 21, 1969 with a judgment in favor of the second-named plaintiff, who is an adult, pursuant to CPLR 8102 (subd. 3) in that the County Court jury verdict of $200 for property damage was obviously less than the $250 required by the statute.

CPLR 8102 is entitled: "Limitation of costs where action brought in higher court...

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