144 N.Y.S. 1073 | N.Y. App. Div. | 1913
The question is whether the plaintiff in an action to foreclose a mechanic’s lien is entitled to an allowance under section 3353 of the Code of Civil Procedure. Section 43 of the Lien Law (Laws of 1897, chap. 419)
The order should be reversed, without costs, and motion granted to tax costs, pursuant to section 3252 of the Code of Civil Procedure.
Jenks, P. J., Carr, Rich and Putnam, JJ., concurred.
Order reversed, without costs, and motion granted to tax costs, pursuant to section 3252 of the Code of Civil Procedure.
See Consol. Laws, chap. 33 (Laws of 1909, chap. 88), § 43; Code Civ. Proc. § 3401, added by Laws of 1897, chap. 419. — [Rep.