Appellate Terms of the Supreme Court of New York, 1913

Leczycki v. Kuczynski

Appellate Terms of the Supreme Court of New York · Decided December 4, 1913

144 N.Y.S. 398 (New York Supplement)

Counsel

Paul C. Schnitzler, of New York City, for appellant., Joseph A. Seidman, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

Plaintiff claims that by virtue of section 735 of the Code of Civil Procedure he was entitled to have included in his bill of costs the sum of $75, being fees of a witness called by him. Section 735, supra, is excluded from application to inferior co'urts by subdivision 6 of section 3347. The order is not an appealable one, and the appeal should therefore be dismissed, but without costs.

Appeal dismissed, without costs to either party.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.