A Handbook On the Taxation of Costs As of Right in the State of New York : With Forms Fro Various Bills of Costs

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Lacobelli, L. J. Jan. 22, 1914.
§ 57. Costs to each of several defendants.
Where several defendants appeared by separate at- torneys and each moved separately to dismiss complaint which was granted, each defendant is entitled to a sepa- rate bill of costs. Jacobs v. Feinstein, 133 A. D. 416.
§ 58. Dismissal as to one of several defendants.
Where complaint is dismissed as to one defendant who answers separately, such defendant is not entitled 29 30 TAXATION OF COSTS to costs as a matter of cours
...e, provided the plaintiff is entitled to costs as against one or more defendants.
The allowance of costs is in the discretion of the court.
Code section 3229. Ljungquist v. Hartmetz, 54 Misc.
87. So held in a Special Term decision where the court said: "This is peculiarly a case in which the court should exercise the discretion conferred by section 3229 of the Code and withhold costs from the two defendants as to whom the trial terminated favorably. The motion to direct the clerk to tax costs is denied." Kesner ;;.


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