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TUSCH v. LINDQUIST

69 Misc.2d 835 (1972)

John L. Tusch, Plaintiff, v. Shirley Lindquist, Defendant.

City Court of Rochester.

April 25, 1972

Attorney(s) appearing for the Case

Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter (Edward R. Reifsteck of counsel), for plaintiff. Nixon, Hargrave, Devans & Doyle (Francis E. Kenny of counsel), for defendant.

WILMER J. PATLOW, J.

Plaintiff sued defendant in a negligence action for the sum of $2,500. Prior to service of the note of issue, defendant submitted a formal offer of compromise in the amount of $553, pursuant to CPLR 3221. This offer was rejected by plaintiff, and after trial by jury, a verdict was returned in plaintiff's favor for the sum of $350.

Defendant submitted a bill of costs in the amount of $180, consisting of $130 labeled as statutory...

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