McCulloch v. Dobson — 39 N.Y. St. Rep. 908

Majority

p. 908

Robert McCulloch, App’lt, v. James Dobson et al., Resp’ts.

(Supreme Court, General Term, Second, Department,

Filed July 2, 1891.)

Headnote

Costs—Extba allowance.

The action was brought to recover over $11,000 for non-performance of covenants of a lease ana defendants recovered over $2,000 on a counterclaim. The issues were litigated with great bitterness, and the preparation for trial involved careful study of the subject involved in order to properly examine expert' witnesses. Held, that an extra allowance was properly granted

p. 909

Appeal from order refusing to set aside an extra allowance granted to defendants.

Benno Loewy, for app’lt; George L. Carlisle, for resp’ts.

—The order for an extra allowance was properly made. The issues were litigated with great bitterness and a large number of witnesses were called. Some of the questions involved the examination and cross examination of expert witnesses. The attorneys were called upon to examine these witnesses after careful study of the subject involved in the issues.

The case is, therefore, one which called for the additional allowance and the order should be affirmed, with costs and disbursements.

Dykman and Pratt, JJ., concur.