273 A.D. 768 | N.Y. App. Div. | 1947
The sum of $376.22 was paid by defendant in securing an undertaking to stay execution pending appeal from a judgment in favor of the plaintiffs for $18,810.73. Defendant succeeded on appeal in getting this judgment reduced to $3,350.67, and defendant was awarded costs of the appeal. The said sum of $376.22 was afterwards taxed in defendant’s favor under subdivision 9-a of section 1518 of the Civil Practice Act, on the