Appellate Division of the Supreme Court of New York, 1928

Cardy v. Horton

Cardy v. Horton
Appellate Division of the Supreme Court of New York · Decided March 15, 1928
223 A.D. 781
Cardy v. Horton

Opinion of the Court

Order, as resettled, denying motion to vacate judgment affirmed, without costs. The order having been made by the justice who presided at the trial, we are of opinion that it was an exercise by him of the discretion authorized by section 1476 of the Civil Practice Act, which statute does hot specify the time within. wliMi application for such costa *782should be made. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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