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Tardone v. Importers & Exporters Insurance

235 A.D. 652 Court N.Y. App. Div. English

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p. 652
Angelo Tardone, Appellant, v. Importers and Exporters Insurance Company of New York, Respondent.

Order reversed on the law and motion granted, retaxing and allowing costs at $180.50, without costs of the motion or of this appeal to either party, on the ground that the previous order of the trial court did not prevent the taxing of costs as usual after a second trial. All concur, except Crouch and Edgeomb, JJ., who dissent only as to the items of costs of the first trial, viz., forty dollars. Present1 — Sears, P. J., Crouch, Taylor, Edgeomb and Crosby, JJ.