Tax
William A. Rees and Another, Respondents, v. United States Oxygen Company, Appellant, Impleaded with Others
170 A.D. 959·New York Supreme Court, Appellate Division·1915·NY
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Opinion
William A. Rees and Another, Respondents, v. United States Oxygen Company, Appellant, Impleaded with Others.
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 30th day of January, 1915, denying in part a motion for an order assessing damages sustained by defendant by reason of an injunction.
[MAJORITY — Per Curiam:]
Per Curiam:
The question as to the amount of damages having been submitted to the Special Term, that court found that the defendant had sustained damages to the amount of the undertaking. The court deducted from that, however, the amount of taxable costs which had been paid by the plaintiffs to the defendant. Such a deduction seems to be entirely unwarranted. (Brooks v. Racich Asbestos Mfg. Co., 137 App. Div. 280.) The order must, therefore, be modified by fixing the amount to be paid by the surety on the undertaking at the sum of $250, and as thus modified affirmed, with ten dollars costs and disbursements to the appellant. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as stated in opinion, and as modified affirmed, with ten dollars costs and disbursements to appellant. Order to be settled on notice.