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Matter of Ulster Sewer Improvement v. Horowitz

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1976
54 A.D.2d 808 (N.Y. App. Div. 1976)

Opinion

October 28, 1976


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 U.S. 362, 368; Rocca v United States, 500 F.2d 492; see, also, City of Buffalo v Clement Co., 28 N.Y.2d 241, 262). Order affirmed, without costs. Greenblott, J.P., Sweeney, Mahoney, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Ulster Sewer Improvement v. Horowitz

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1976
54 A.D.2d 808 (N.Y. App. Div. 1976)
Case details for

Matter of Ulster Sewer Improvement v. Horowitz

Case Details

Full title:In the Matter of ULSTER SEWER IMPROVEMENT, TOWN OF ULSTER, Respondent, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 28, 1976

Citations

54 A.D.2d 808 (N.Y. App. Div. 1976)

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