Ulster Sewer Improvement v. Horowitz

54 A.D.2d 808, 388 N.Y.S.2d 40, 1976 N.Y. App. Div. LEXIS 14502

Opinion

Appeal from an order of the Ulster County Court, entered January 23, 1976, which granted petitioner’s motion for a retaxation of costs to exclude an amount for expert witness fee as a taxable cost in a condemnation proceeding. There is here no statutory basis for the allowance of expert witness fees as a taxable cost. Nor do we find any merit in the argument that constitutionally such fees must be paid to afford appellant just compensation (see Dohany v Rogers, 281 US 362, 368; Rocca v United States, 500 F2d 492; see, also, City of Buffalo v Clement Co., 28 NY2d 241, 262). Order affirmed, without costs. Greenblott, J. P., Sweeney, Mahoney, Larkin and Reynolds, JJ., concur.