Wende v. Board of Supervisors

206 A.D. 732

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 15, 1923
• Status: Published

Opinion

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, on the ground that this action was not obviously within the definition a .' difficult and extraordinary one,

* and that within the rule prevailing within this department an additional allowance was improperly granted to the plaintiff. (Swan v. Stiles, 94 App. Div. 117; Frey v. N. Y. C. & H. R. R. R. Co., 114 id. 623; Cooper v. N. Y., L. & W. R. Co., Nos. 1 & 2, 122 id. 128; Bradshaw v. City of Jamestown, 125 id. 86.) All concur.

See General Municipal Law, § 51; Civ. Prac. Act, § 1513; formerly Code Civ. Proc. § 3253.— [Rep.