Majority
p. 482KING v. MUNZER. N. Y. Superior Court; Special Term, May, 1894.
Headnote
Costs ; stenographers fees.] Upon a trial by the court, where the stenographer’s minutes are required to aid the court in reaching a decision, it may direct one-half the expense thereof to be paid by each of the parties, and the share paid by the prevailing party may be taxed as a disbursement; and such direction may be made by the court after the trial and for the purpose of affording the basis for such taxation. Limiting Griggs v. Guinn, 29 Abb. N. C. 144 , to cases of trials before referees.Motion for an order as to the payment of stenographer’s fees.
Blumenstiel & Hirsch, for plaintiff.
M. L. Erlanger, for defendant.
The decision in Griggs v. Guinn ( 29 Abb. N. C. 144 ) applies only to trials before referees.
p. 483
This action was tried at the special term of the court, and the stenographer’s minutes were required in order to aid the court in reaching a decision. Section 289 of the Code covers the case. It authorizes the court to direct that one-half the expense be paid by each of the parties, and the amount so paid by compulsory order becomes a necessary disbursement. The order may be made at the trial or any time afterwards (Abendroth v. Manhattan R. R. Co., 9 Civ. Pro. R. 406). The case cited is directly in point and will be followed.
The order there will be granted here, to the end that the stenographer’s fees be taxed as a disbursement.