Scott v. Hartford Fire Insurance

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: It was error to award defendant costs in excess of the statutory maximum (CPLR 8202) inasmuch as no request for a punitive award was made by defendant and no reason for such award was stated by the court. (Appeal from order of Supreme Court, Onondaga County, Tenney, J.—dismiss cause of action.) *966Present—Callahan, J. P., Denman, Boomer, Green and Schnepp, JJ.