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Marcus v. Joseph

309 N.Y. 1003 Court N.Y. Decision date 1956-02-09 English

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p. 1003
In the Matter of Julius Marcus, Appellant, against Lazarus Joseph, as Comptroller of the City of New York, Respondent.
Submitted February 6, 1956;
decided February 9, 1956.

Application to further amend the remittitur granted as follows : Order affirmed, without costs. We have no power to review the allowance of costs in the Appellate Division, which is wholly

p. 1004
discretionary with it (Civ. Prac. Act, § 1492). The matter is accordingly remitted solely with respect to the allowance or disallowance of costs in that court. [See 305 N. Y. 813 , 923.]

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