Appellate Division of the Supreme Court of New York, 1934

Brackett v. Smith

Brackett v. Smith
Appellate Division of the Supreme Court of New York · Decided July 15, 1934
242 A.D. 711
Brackett v. Smith

Opinion of the Court

— Judgment modified by striking out the provision for the payment of $668.40 costs as taxed, and as so modified unanimously affirmed, without costs. Since there is no certificate by the trial judge certifying that the plaintiff’s demand was duly presented and that the payment was unreasonably resisted or neglected, the court is without power to grant costs. (Civ] Prae. Act, § 1499; Scheu v. Blum, 119 App. Div. 825.) Present — Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ.

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