Maher v. Garry — 74 N.Y. St. Rep. 72

Majority

p. 72

Francis Maher et al., App'lts, v. Della Garry et al., Resp'ts.

(Supreme Court, Appellate Division, First Department,

Filed April 10, 1896.)

Headnote

Costs—Additional allowance.

In view of the great hardship to the plaintiffs resulting from the judgment, it was held, in this case, that there should be no additional allowance granted.

Appeal from a judgment awarding defendants an additional allowance.

Frederick R. Kellogg, for app’lts; Samuel Untermyer, for resp’ts.

We have heard the from the judgment in this case at the present term, and have felt constrained to affirm such judgment. We have thus become familiar with all the facts, and, in view of the great hardship to the plaintiffs resulting from the judgment, we think there should be no additional allowance granted.

The order should therefore he reversed, but without costs of the appeal, and the motion should be denied, without costs.

All concur.