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MORRIS DEMOLITION CO. v. BD. OF EDUC. OF CITY OF N.Y.

80 Misc.2d 944 (1974)

Lew Morris Demolition Co. Inc., Plaintiff, v. Board of Education of the City of New York, Defendant.

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

November 25, 1974

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Joseph Herschkowitz of counsel), for defendant.

Shur, Rosenberg, Handler & Jaffin (Paul M. Godlin of counsel), for plaintiff.

FRITZ W. ALEXANDER, II, J.

Movant having been denied summary judgment in the Civil Court appealed the decision in the Appellate Term and prevailed. Movant now seeks to tax as costs the disbursement for the printing of the record.

CPLR 8301 (subd [a], par 6) authorizes the taxation of the cost for printing, but only when it is "required". The word "required" means the printing was necessitated in order to comply with a statute, rule of court or...

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