Appellate Division of the Supreme Court of New York, 1923

Wende v. Board of Supervisors

Wende v. Board of Supervisors
Appellate Division of the Supreme Court of New York · Decided May 15, 1923
206 A.D. 732
Wende v. Board of Supervisors

Opinion of the Court

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, on the ground that this action was not obviously within the definition a .' difficult and extraordinary one,* and that within the rule prevailing within this department an additional allowance was improperly granted to the plaintiff. (Swan v. Stiles, 94 App. Div. 117; Frey v. N. Y. C. & H. R. R. R. Co., 114 id. 623; Cooper v. N. Y., L. & W. R. Co., Nos. 1 & 2, 122 id. 128; Bradshaw v. City of Jamestown, 125 id. 86.) All concur.

See General Municipal Law, § 51; Civ. Prac. Act, § 1513; formerly Code Civ. Proc. § 3253.— [Rep.

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