William S. Ridabock, Appellant, v. The Metropolitan Elevated Railway Company and The Manhattan Railway Company, Respondents

William S. Ridabock, Appellant, v. The Metropolitan Elevated Railway Company and The Manhattan Railway Company, Respondents. Costs — a copy of stenographers minutes, used to prepare amendments to a case on appeal, is taxable in the first depai'tment. In the first department the amount paid for a copy of the stenographer’s minutes, obtained for the purpose of properly preparing amendments to a case on appeal, is a taxable disbursement. Buie 32 of the General Buies of Practice, requiring a party proposing amendments to a case to “ refer at the end of each amendment to the proper page of such minutes,” compels the party who proposes amendments to procure the stenographer’s minutes; consequently such a disbursement is “necessary” within the meaning of section 3256 of the Code of Civil Procedure and is taxable with the costs. Appeal by the plaintiff, William S. Ridabock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of July, 1896, denying his motion for a retaxation of costs. The action was the customary action against the elevated roads for an injunction and damages. The plaintiff obtained a judgment from which the defendants appealed to the Appellate Division, where it was affirmed. Upon the taxation of costs', the clerk refused to allow the plaintiff to tax the amount paid for the stenographer’s minutes, used in preparing amendments to the defendants’ case on appeal. S. T. Cannon and Wilfrid N. O’Neil, for the appellant. Julien T. Davies and Wm. H. Lyons, for the respondents. [MAJORITY — Per Curiam :] Per Curiam : The rule in this department is, that the amount paid for a copy of the stenographer’s minutes, obtained for the purpose of properly preparing amendments to the case on appeal, is a taxable disbursement. (Sebley v. Nichols, 32 How. Pr. 182 ; Cutter v. Morris, 7 N. Y. St. Repr. 426; Stevens v. N. Y. El. R. Co., 31 id. 404.) The cases contra deal mainly with minutes obtained for use upon the trial. It is said, however, in Pfaudler Co. v. Sargent (43 Hun, 154) that the stenographer’s fees are not taxable even when procured for the purpose of enabling a party to prepare amendments to a case. This was not necessary to the decision of that case, and it seems to overlook rule 32 of the General Rules of Practice, which provides that, “ If the party proposing the amendments claims that the case should be made to conform to the minutes of the stenographer, he must refer at the end of each amendment to the proper page of such minutes.” The respondent is thus practically compelled to procure the stenographer’s minutes if he desires a fair and truthful record. He can only obtain this by complying with the rule. Thus the rule in substance makes the disbursement “ necessary * * * according to the course and practice of the court,” as provided in section 3256 of the Code of Civil Procedure. The appellant here presented an affidavit to the clerk to the effect that “ the copy of the stenographer’s minutes was actually and necessarily obtained and used for the purpose of preparing the amendments of plaintiff to the-defendant’s proposed case on ajipeal herein.” Under the circumstances, we think the item should have been allowed. The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements, and the motion for a retaxation' granted, with ten dollars costs and the item allowed. ■Present — Barrett, Rumsey, Patterson and Ingraham, JJ. Order reversed, with ten dollars costs and disbursements, and. motion granted, with ten dollars costs.