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Lyman v. Unity League & American Surety Co.

56 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1899-03-10 English

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p. 1111
LYMAN, Appellant, v. UNITY LEAGUE & AMERICAN SURETY CO. OF NEW YORK, Respondents.
(Supreme Court, Appellate Division, First Department.
March 10, 1899.)

Headnote

Action by Henry H. Lyman, as state commissioner of excise of the state of New York, against the Unity League & American Surety Company of New York. From an order denying plaintiff’s motion for a retaxation of costs, plaintiff appeals. Reversed. Royal R. Scott, for appellant. Charles L. Kingsley, for respondents. '

The question presented on the appeal from the order in action, same as the question presented and determined in Lyman v. Club (Sup.) 56 N. Y. Supp. 712 ; and for the reasons there stated the order must be reversed, and a new taxation directed before the clerk, with leave to either party to use upon said new taxation such further affidavits or papers as may be necessary and proper. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.