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Salisbury v. Henion

154 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1915-07-07 English

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p. 1143
SALISBURY, Appellant, v. HENION, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1915.)

Headnote

Action by David N. Salisbury against Bert H. Henion, as executor, etc.

Judgment and order denying motion for new trial affirmed, with costs. Order as to costs modified by striking out the limitation upon the amount of plaintiff’s costs, and as so modified affirmed, with $10 costs to plaintiff. Held, that the question of the amount of costs should be determined in the usual way, under the general provisions of the Code of Civil Procedure, and by means of taxation, retaxation, and, if necessary, by review at Special Term.