HEMPSTEAD BANK v. RYAN


42 A.D.2d 779 (1973)

Hempstead Bank, Appellant, v. Evelyn C. Ryan et al., Respondents, et al., Defendants

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

July 30, 1973


Order-judgment modified, on the law, by (1) striking from the second decretal paragraph thereof the following: "b) CPLR Section 8301(b), 8301(d): 1. expert witness 1,350.00 2. transcript 609.00" and "d) CPLR Section 8303(a) (2) 3,000.00" and (2) reducing the total amount of the award of costs therein to defendants Ryan to $320. As so modified, order-judgment affirmed, without costs.

It has long been the practice not to allow taxation as a "necessary disbursement"...

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