In re Long

Headnote

Costs—Allowance in Special Proceedings.

Where there is a trial in a proceeding in the supreme court of New York by village trustees to acquire land for sewerage purposes, and questions of law and fact are litigated and costs are allowed as for services in a civil action, such allowance will not be disturbed; Code Civil Proc. N. Y. § 3240, providing that costs in a special proceeding instituted in a court of record, or taken to a court of record on appeal, may be awarded to a party, in the discretion of the court, at the rates allowed for similar services in an action brought in the same court.

Motion at general term to retax costs on appeal to general term.

Application by Edward B. Long and others, as trustees of the village of White Plains, to acquire land for the purpose of sewers. From an intermediate order made by the court at special term in Dutchess county, overruling certain issues raised by land-owner’s answer, after a trial of the issues of fact, the land-owner- appealed to the general term, which affirmed the order, with costs. Costs were taxed by the clerk as on appeal from a judgment, and the land-owner applied at general term for a relaxation, claiming that “motion costs” only were allowable.