Sidney S. Korzenik for defendants.
H. William Rosenblum for plaintiff.
Act to the sum of $2,676.11, which amount includes an item of interest of $278.88. The amount recovered, as used in the statute, includes interest, so that the sum of $2,676.11 is the proper base for computation instead of $2,397.23, the amount contended for by the defendants (cf.
Clegg v. Aikens, 8 N. Y. Civ. Pro. Rep. 249, mod. and affd. 46 Hun 677, opinion in 11 N. Y. St. Rep. 354, affd. 109 N.Y. 612, and
Loring v. Morrison, 25 App. Div. 139). Defendants' objection numbered 4 cannot prevail. The court agrees with the plaintiff that there is an error in the printed form of the bill of costs herein in that the item of $40, taxed under paragraph b of subdivision 1 of section 1508 of the Civil Practice Act, was labelled "before argument" whereas it should have read "for argument". The clerk was entirely correct in allowing both the items of $20 and $40 pursuant to section 1508 of the Civil Practice Act (
Sachs v. Screen Tek, 279 App. Div. 632). As to the remaining objection, counsel for the defendants, in their affidavit submitted in support of the motion, objected to the taxation with respect to stenographer's fees and printing costs, and urged "that defendants ought not to be required to pay so large a sum unless sufficient supporting evidence of this disbursement be submitted to the court and an opportunity offered to the defendants for the examination thereof; taxed without notice, no such opportunity has been given". After the submission of this motion and pursuant to my direction, counsel for both sides appeared before me and plaintiff's counsel exhibited to defendants' counsel the paid bills in question, and thereafter there being no specific objection to any of the items contained in the said bills as such, the taxation thereof is approved. Accordingly, the motion for retaxation is denied in all respects. Receipts submitted by plaintiff's counsel may be called for at chambers.