SOC OF NY HOSP v. MOGENSEN


81 Misc.2d 1089 (1975)

Society of the New York Hospital, Respondent, v. Paul Mogensen, Defendant and Third-Party Plaintiff, and Jack R. Goldberg, as Commissioner of the Department of Social Services, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

June 9, 1975


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Diane R. Eisner of counsel), for appellant. Hayt Hayt Tolmach & Landau (Daniel Cook of counsel), for respondent.

Concur: FINE, J. P., FRANK and HUGHES, JJ.


Per Curiam.

Appeal from the order of March 8, 1973 dismissed, without costs, as academic. That order was superseded by the order of July 19, 1973, granting reargument.

We agree that the judgment clerk's taxation of costs improperly included in this case the expenses of printing the briefs and record on appeal as a disbursement in the judgment entered by the successful appellant Commissioner of Department...

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