Dexter & Northern Railroad v. Foster — 203 N.Y. 637

Majority

p. 637

Dexter and Northern Railroad Company, Appellant, v. Luther I. Foster et al., Respondents.

Headnote

Dexter & Northern R. R. Co. v. Foster, 142 App. Div. 240 , affirmed.

(Argued November 21, 1911;

decided December 19, 1911.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1911, which affirmed an order of Special Term awarding separate bills of costs and extra allowances to various defendants in a condemnation proceeding.

The following question was certified: “Are the several defendants to whom costs have been awarded in this proceeding severally entitled to a bill of costs under section

p. 638

3372 of the Code of Civil Procedure as a matter of right ? ”

Elon R. Brown and Henry H. Babcock for appellant.

Charles A. Phelps for respondents.

Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Cullen, Oh. J., Haight, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.