New York Court of Appeals, 1956

Marcus v. Joseph

Marcus v. Joseph
New York Court of Appeals · Decided February 9, 1956
309 N.Y. 1003; 133 N.E.2d 453; 1956 N.Y. LEXIS 1124

Marcus v. Joseph

Opinion of the Court

Application to further amend the remittitur granted as follows : Order affirmed, without costs. We have no power to review the allowance of costs in the Appellate Division, which is wholly *1004discretionary with it (Civ. Prac. Act, § 1492). The matter is accordingly remitted solely with respect to the allowance or disallowance of costs in that court. [See 305 N. Y. 813, 923.]

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