New York Supreme Court, 1916

Pines v. Consolidated Briarwood Estates

Pines v. Consolidated Briarwood Estates
New York Supreme Court · Decided January 15, 1916 · Cropsey
106 Misc. 450

Counsel

Herbert A. O’Brien, for defendants Adaline G. O’Brien and Florence B. Luden., L. Claude Fottrell, for defendants Thomas F. Martin Realty Company and Thomas F. Martin., Joseph G. Dean, for Mechanics and Traders Bank of Brooklyn, for motion., Theodore I. Schwartzman, opposed.

Pines v. Consolidated Briarwood Estates

Opinion of the Court

Cropsey, J.

Motion to retax costs in foreclosure of tax lien. The clerk disallowed an item of $125 for searches paid the title company. Section 3256 of the Code of Civil Procedure makes amount paid for “ searches ” made by a title company a taxable dis*451bursement in counties in which the office of county-clerk or register is a salaried one. The provision, however, does not mean the charges for an examination of the title to the property. The search made in this case is virtually an examination of the title. Hence the item was properly disallowed. Furthermore, by the provisions of the act of the legislature relating to the county clerk of Queens county (the county in question) the fees to be charged by title companies are limited to “ one-fourth of the fees now allowed by law to the county clerk for such service.” Laws of 1912, chap. 540. These the clerk offered to tax.

Motion denied.

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