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MATTER OF ULSTER SEWER IMPROVEMENT, TOWN OF ULSTER v. HOROWITZ

54 A.D.2d 808 (1976)

In the Matter of Ulster Sewer Improvement, Town of Ulster, Respondent, v. Alfred Horowitz et al., Appellants

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

October 28, 1976

There is here no statutory basis for the allowance of expert witness fees as a taxable cost. Nor do we find any merit in the argument that constitutionally such fees must be paid to afford appellant just compensation (see Dohany v Rogers, 281 U.S. 362, 368; Rocca v United States, 500 F.2d 492; see, also, City of Buffalo v Clement Co.,

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