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Golding v. City of New York

76 N.Y.S. 1020 Court N.Y. App. Div. Decision date 1902-05-09 English

Delivered by McLAUGHLIN, J.

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p. 1020
In re MAYOR, ETC., OF CITY OF NEW YORK. GOLDING v. CITY OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
May 9, 1902.)

Headnote

Application of John N. Golding for the taxation of the compensation due to him for services as an expert appraiser and witness for the city of New York in proceedings to acquire title to certain real estate. From an order fixing his compensation the city appeals. Reversed. Theodore Connoly, for appellant. John Lindley, for respondent.

The question presented on this appeal is precisely like the question presented on the appeal from the order fixing the compensation of Charles Frederick Hoffman, Jr., decided herewith. 76 N. Y. Supp. 137 . The conclusion there reached necessitates a reversal of the order here appealed from, and for the reasons given in the opinion in that case. The order appealed from, therefore, must be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs, without prejudice, however, to the right of the respondent to renew his application, if he be so advised, upon competent proof as to the value of the services rendered. All concur.